Gender Perspectives In Private Law

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Gender Perspectives in Private Law

Author : Gabriele Carapezza Figlia
Publisher : Springer Nature
ISBN 13 : 3031140923
Total Pages : 257 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Gender Perspectives in Private Law by : Gabriele Carapezza Figlia

Download or read book Gender Perspectives in Private Law written by Gabriele Carapezza Figlia and published by Springer Nature. This book was released on 2023-02-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

Gender Issues and International Legal Standards. Contemporary Perspectives

Author : Adriana Di Stefano
Publisher : editpress
ISBN 13 : 8889726504
Total Pages : 205 pages
Book Rating : 4.8/5 (897 download)

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Book Synopsis Gender Issues and International Legal Standards. Contemporary Perspectives by : Adriana Di Stefano

Download or read book Gender Issues and International Legal Standards. Contemporary Perspectives written by Adriana Di Stefano and published by editpress. This book was released on 2010-10 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Gender Justice and Legal Pluralities

Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1136191569
Total Pages : 260 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Gender Justice and Legal Pluralities by : Rachel Sieder

Download or read book Gender Justice and Legal Pluralities written by Rachel Sieder and published by Routledge. This book was released on 2013-06-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Feminist Legal Theory

Author : Katherine Bartlett
Publisher : Routledge
ISBN 13 : 0429980116
Total Pages : 785 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Feminist Legal Theory by : Katherine Bartlett

Download or read book Feminist Legal Theory written by Katherine Bartlett and published by Routledge. This book was released on 2018-02-19 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers powerful analyses of the relationship between law and gender and new understandings of the limits of, and opportunities for, legal reform drawn from the experiences of women and from critical perspectives developed within other disciplines.

New Perspectives on European Women's Legal History

Author : Sara L. Kimble
Publisher : Routledge
ISBN 13 : 1317577159
Total Pages : 516 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis New Perspectives on European Women's Legal History by : Sara L. Kimble

Download or read book New Perspectives on European Women's Legal History written by Sara L. Kimble and published by Routledge. This book was released on 2016-07-01 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.

Gender and Law

Author : Katharine T. Bartlett
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1150 pages
Book Rating : 4.8/5 (861 download)

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Book Synopsis Gender and Law by : Katharine T. Bartlett

Download or read book Gender and Law written by Katharine T. Bartlett and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Gender and Law: Theory, Doctrine, Commentary, Ninth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion, and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. Highlights of the 9th Edition: This edition is both faithful to its original design—teaching through theoretical frameworks rather than by subject area—and cutting edge. The authors have spared no detail in covering the latest developments in this fast-changing field of study while tying them together into a cohesive whole. Dobbs v. Jackson Women’s Health Organization, a restructuring of the materials on reproductive rights, and greater attention to the reproductive justice movement and the intersectional issues raised by every issue involving reproductive health. Updated and more sustained attention to gender identity and nonbinary identities, including Bostock v. Clayton County, new material on transgender athlete bans, and a new section on sex-segregation and sex-differentiation within coed spaces (including Peltier v. Charter Day School, Inc. on sex-specific dress codes). Materials raising questions and critique about the intersection of race and gender, including historical materials that highlight the relationship between women’s suffrage advocates and abolitionists and excerpts from newer scholars. Coverage of the impact of the Covid-19 crisis and its exacerbation of gender issues at work and in the home. Updated equal pay materials, revised to highlight new developments in Equal Pay Act litigation, including Rizo v. Yovino on the use of prior salary as a “factor other than sex.” Revised materials on the criminal law of rape that include material from the proposed amendment to the Model Penal Code as well as coverage of the racial stereotypes sometimes reflected in the wrongful accusation and conviction of Black men. Professors and students will benefit from: Dozens of new Putting Theory into Practice problems An updated teacher’s manual with audio and video clips from films, documentaries, news programs, and television and radio series on the book’s main substantive topics. For new teachers, the teacher’s manual is an essential resource; for more experienced teachers, the book is structured in a way that gives them lots of options for how and what to cover in the course depending on the number of credit hours and the professor’s own sense of what should be taught

Great Debates in Gender and Law

Author : Rosemary Auchmuty
Publisher : Bloomsbury Publishing
ISBN 13 : 1509958630
Total Pages : 387 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Great Debates in Gender and Law by : Rosemary Auchmuty

Download or read book Great Debates in Gender and Law written by Rosemary Auchmuty and published by Bloomsbury Publishing. This book was released on 2018-03-16 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Public Law of Gender

Author : Kim Rubenstein
Publisher : Cambridge University Press
ISBN 13 : 1316546306
Total Pages : 629 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Public Law of Gender by : Kim Rubenstein

Download or read book The Public Law of Gender written by Kim Rubenstein and published by Cambridge University Press. This book was released on 2016-05-26 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

Gender Competent Public Law and Policies

Author : Marko Davinić
Publisher :
ISBN 13 : 9783031147074
Total Pages : 0 pages
Book Rating : 4.1/5 (47 download)

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Book Synopsis Gender Competent Public Law and Policies by : Marko Davinić

Download or read book Gender Competent Public Law and Policies written by Marko Davinić and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.

Gender-Competent Legal Education

Author : Dragica Vujadinović
Publisher : Springer Nature
ISBN 13 : 3031143604
Total Pages : 713 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Gender-Competent Legal Education by : Dragica Vujadinović

Download or read book Gender-Competent Legal Education written by Dragica Vujadinović and published by Springer Nature. This book was released on 2023-02-03 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Gender, Law and Social Justice

Author : Ann Stewart
Publisher : Blackstone Press
ISBN 13 : 9781841742564
Total Pages : 192 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Gender, Law and Social Justice by : Ann Stewart

Download or read book Gender, Law and Social Justice written by Ann Stewart and published by Blackstone Press. This book was released on 2000 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are gender issues marginalized debates over governance, legal reform and globalization? If so, why? Written by feminist scholars from both developing and developed countries, this title addresses a range of issues relating to the relationship between gender, social justice and law and considers the ways in which women are excluded from social and economic justice. It also discusses the interaction between gender, social, cultural and legal forms. The contributors reflect the range of approaches adopted by academics and policy makers.

Law and Gender

Author : Joanne Conaghan
Publisher : Oxford University Press
ISBN 13 : 0199592926
Total Pages : 268 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Law and Gender by : Joanne Conaghan

Download or read book Law and Gender written by Joanne Conaghan and published by Oxford University Press. This book was released on 2013-09-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does gender play in shaping the law and legal thinking? This book provides an answer to this question, examining the historical role of gender in law and the relevance of gender to modern jurisprudence. It presents a clear, concise introduction to thinking about gender issues for lawyers and law students.

Feminist Perspectives on Land Law

Author : Hilary Lim
Publisher : Routledge
ISBN 13 : 1135335044
Total Pages : 325 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Feminist Perspectives on Land Law by : Hilary Lim

Download or read book Feminist Perspectives on Land Law written by Hilary Lim and published by Routledge. This book was released on 2007-04-11 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist perambulations : taking the law for a walk in land / by Anne Bottomley and Hilary Lim -- National nature reserves : nature as other confined / by Sue Elworthy -- Ancient monuments of national importance : symbols of whose past? / by Penny English -- A trip to the mall : revisiting the public/private divide / by Anne Bottomley -- Scapegoating and the legal landscape : homeless women and the law / by Rosy Thornton -- Women's work : locating gender in the discourse of anti-social behaviour / by Helen Carr -- Women travellers and the paradox of the settled nomad / by Margaret Greenfields and Robert Home -- 'Land doesn't come from your mother, she didn't make it with her hands?' : challenging matriliny in Papua New Guinea / by Melissa Demian -- Unfair shares for women : the rhetoric of equality and the reality of inequality / by Rosemary Auchmuty -- The shared home : a rational solution through statutory reform? / by Simone Wong -- Networking resources : a gendered perspective on Kwena women's property rights / by Anne Griffiths -- Accidental Islamic feminism : dialogical approaches to muslim women's inheritance rights / by Hilary Lim and Siraj Sait.

Feminist Perspectives on Contract Law

Author : Linda Mulcahy
Publisher : Routledge
ISBN 13 : 1135337136
Total Pages : 193 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Feminist Perspectives on Contract Law by : Linda Mulcahy

Download or read book Feminist Perspectives on Contract Law written by Linda Mulcahy and published by Routledge. This book was released on 2017-01-27 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.

Justice and Gender

Author : Deborah L. RHODE
Publisher : Harvard University Press
ISBN 13 : 0674042670
Total Pages : 441 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Justice and Gender by : Deborah L. RHODE

Download or read book Justice and Gender written by Deborah L. RHODE and published by Harvard University Press. This book was released on 2009-06-30 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota

Feminist Perspectives on Child Law

Author : Jo Bridgeman
Publisher : Routledge
ISBN 13 : 1135343799
Total Pages : 370 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Feminist Perspectives on Child Law by : Jo Bridgeman

Download or read book Feminist Perspectives on Child Law written by Jo Bridgeman and published by Routledge. This book was released on 2013-03-04 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst there many publications dealing with children from both legal and theoretical perspectives, the child is persistently represented and discussed as a gender neutral or pre-gender and pre-sexual object. This text uses feminist perspectives to explore more rarely addressed aspects of childhood.

Feminist Perspectives on Public Law

Author : Susan Millns
Publisher : Routledge
ISBN 13 : 1135345546
Total Pages : 325 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Feminist Perspectives on Public Law by : Susan Millns

Download or read book Feminist Perspectives on Public Law written by Susan Millns and published by Routledge. This book was released on 2013-03-04 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.