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Law and the Quest for Gender Equality

Author: Margaret Thornton

Publisher: ANU Press

Published: 2023-04-27

Total Pages: 424

ISBN-13: 176046550X

For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce—including the professions—in large numbers, they are still expected to assume responsibility for the preponderance of society’s caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.

Law and the Quest for Gender Equality

Author: Margaret Thornton

Publisher:

Published: 2023-04-27

Total Pages: 0

ISBN-13: 9781760465490

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For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men-that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce-including the professions-in large numbers, they are still expected to assume responsibility for the preponderance of society's caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.

Law and the Quest for Gender Equality in Kenya

Author: Kivutha Kibwana

Publisher:

Published: 2000

Total Pages: 260

ISBN-13:

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International Women's Rights Law and Gender Equality

Author: Ramona Vijeyarasa

Publisher:

Published: 2021

Total Pages: 238

ISBN-13: 9780367549428

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The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

Women’s Lives, Men’s Laws

Author: Catharine A. MacKinnon

Publisher: Harvard University Press

Published: 2007-04-30

Total Pages: 569

ISBN-13: 0674024060

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'Women's Lives, Men's Laws' collects papers by MacKinnon from 1980 to the present, in which she discusses the deep gender bias of American law and the changes to legislation on sexual harassment, rape and battering, to which she has contributed.

Great Debates in Gender and Law

Author: Rosemary Auchmuty

Publisher: Bloomsbury Publishing

Published: 2018-03-16

Total Pages: 387

ISBN-13: 1509958630

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The first textbook to consider gender perspectives in relation to the whole undergraduate law curriculum in England and Wales. Gender is of central importance in every area of law and every area of people's lives but is rarely mentioned in the formal LLB syllabus; this book is designed to fill some of those gaps. 18 chapters, written by experts in the field, cover all the core modules on the English LLB together with 11 of the most popular options. Aimed at students and lecturers on undergraduate and postgraduate Gender and Law modules, the book will also be useful for all LLB and LLM students studying English law, who may use it to accompany their studies from their first to their final year, and also for prospective law students, legal scholars from outside England and Wales, and scholars in other disciplines.

Elusive Equality

Author: Susan Gluck Mezey

Publisher: Lynne Rienner Publishers

Published: 2003

Total Pages: 336

ISBN-13: 9781588261762

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All men may be created equal in the United States - but more than 30 years after Congress proposed the Equal Rights Amendment, can the same be said for women? Elusive Equality offers a clear understanding of how government institutions - the executive branch, Congress, and state legislatures, as well as the federal courts - affect the legal status of women. Surveying the judicial and public policy issues central to the identification - and protection - of women's rights, Susan Mezey traces the developing legal parameters of gender equality. From early court rulings that prohibited employment discrimination and sexual harassment through today's decisions on reproductive rights and same-sex relationships, Mezey analyzes the broader political context within which critical judicial decisions have been made.

A Critical Analysis of the Efficacy of Law as a Tool to Achieve Gender Equality

Author: Natalie Renée Persadie

Publisher: University Press of America

Published: 2012

Total Pages: 297

ISBN-13: 0761858091

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Law is often perceived as an instrument that can effect social change. While this might be so, it must be complemented by the necessary financial and human resources to make the law effective. Natalie Persadie explains that, among developing countries, such as Trinidad and Tobago, the achievement of legal advances for women--at either the international or national levels--is particularly difficult where practical measures are not subsequently implemented. This is, perhaps, attributable to a lack of political will. Important issues such as gender equality and domestic violence are not given priority and laws aimed at protecting women and promoting women's rights are ineffective, scant, or unenforced. Gender justice can only be realized through a multilevel approach from above and, more importantly, from below, as women have the potential to effect real national and international legal and institutional change to ensure gender equality at both levels.

Debating Women's Equality

Author: Ute Gerhard

Publisher: Rutgers University Press

Published: 2001

Total Pages: 276

ISBN-13: 9780813529059

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Gerhard (sociology, Johann Wolfgang Goethe University, Germany) examines equality as a principle and practice of law in history, and legal theory from a feminist perspective. She reviews the history of the women's movement in the 19th and 20th centuries, with a focus on Germany, and examines three major legal issues: women's rights in the public sphere, women's legal capacities in private law, and women's human rights. This work was first published in German in 1990 (C.H. Beck'sche Verlagsbuchhandlung); this American edition, somewhat revised, was translated by Allison Brown and Belinder Cooper and includes a new foreword. c. Book News Inc.