Gender in Law, Culture, and Society – serie

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

This book is concerned with critically analysing the importance of the status of knowledge in establishing ‘truth’ about female defendants convicted of murder during the 20th Century. While the abolition of the death penalty in the UK has insured that the impact of this knowledge is no longer one of life and death, modern cases such as that of Sally Clark, whose guilty verdict was eventually overturned, nevertheless demonstrate the devastating impact that those with the power to define the 'truth' still have on the lives of individuals who are unable to construct a dominant truth of their own during their trials.Using the key themes of truth, gender and power, the book also focuses on agency and rationality in relation to female criminality, masculinity and miscarriages of justice. Challenging official discourse which historically has incorporated entrenched constructions of women who kill as mad, bad or tragic victims, this book argues for the creation of new subject positions and alternative discourses within which female violence can be understood.

This book is concerned with critically analysing the importance of the status of knowledge in establishing ‘truth’ about female defendants convicted of murder during the 20th Century. While the abolition of the death penalty in the UK has insured that the impact of this knowledge is no longer one of life and death, modern cases such as that of Sally Clark, whose guilty verdict was eventually overturned, nevertheless demonstrate the devastating impact that those with the power to define the 'truth' still have on the lives of individuals who are unable to construct a dominant truth of their own during their trials.Using the key themes of truth, gender and power, the book also focuses on agency and rationality in relation to female criminality, masculinity and miscarriages of justice. Challenging official discourse which historically has incorporated entrenched constructions of women who kill as mad, bad or tragic victims, this book argues for the creation of new subject positions and alternative discourses within which female violence can be understood.

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups.Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action.This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom.Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual.This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom.Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual.This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

This book challenges law’s reliance on neurology’s brain-sex binary.The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of ‘true sex’ that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates ‘male’ and ‘female’ in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female.This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.

This book challenges law’s reliance on neurology’s brain-sex binary.The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of ‘true sex’ that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates ‘male’ and ‘female’ in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female.This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.

Taking up the concept of vulnerability, this book examines the gendered impact of market-based procurement practices.In recent years, ideological shifts and real managerial constraints have forced states everywhere to rely on private resources to solve public problems. Focusing on instances where the state retains ownership of assets and rights, even if it temporarily devolves its authority to a private entity (profit or non-profit), this book uncovers the ways in which these private actors are not just suppliers of materials goods, but increasingly policy influencers. More specifically, the book focuses on the gendered dynamics within the law, policy, and practice of public procurement and investigates how vulnerability is conceptualized and coded in the process of public acquisition of works, goods, and services from private suppliers. In this book, a series of rich case studies from Africa, the Middle East, and Europe show how vulnerability theory can inform the design of public institutions that are more responsible and responsive to gender-informed demands for social justice.This is the first book to integrate vulnerability theory into public procurement studies in global and comparative perspectives, and it will appeal to scholars and others with interests in gendered dynamics in law and society, international development, public policy, and international political economy.

Taking up the concept of vulnerability, this book examines the gendered impact of market-based procurement practices.In recent years, ideological shifts and real managerial constraints have forced states everywhere to rely on private resources to solve public problems. Focusing on instances where the state retains ownership of assets and rights, even if it temporarily devolves its authority to a private entity (profit or non-profit), this book uncovers the ways in which these private actors are not just suppliers of materials goods, but increasingly policy influencers. More specifically, the book focuses on the gendered dynamics within the law, policy, and practice of public procurement and investigates how vulnerability is conceptualized and coded in the process of public acquisition of works, goods, and services from private suppliers. In this book, a series of rich case studies from Africa, the Middle East, and Europe show how vulnerability theory can inform the design of public institutions that are more responsible and responsive to gender-informed demands for social justice.This is the first book to integrate vulnerability theory into public procurement studies in global and comparative perspectives, and it will appeal to scholars and others with interests in gendered dynamics in law and society, international development, public policy, and international political economy.

This volume is the first collection of Martha Albertson Fineman’s most important and influential work. Feminist legal theorist Martha Albertson Fineman has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman’s scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory.This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that is just as relevant today, if not more so. In this book, Fineman offers a foundation for the achievement of true social justice, through the centering of our shared human vulnerability and dependency, grounded in the recognition of the ontological body and its material needs. Arranged in sections, and introduced by leading scholars in the field, these pieces ask us to re-examine our legally enshrined commitment to formal equality and the “mythological” autonomous independent legal subject; recognizing instead that we must call for an active and responsive state that meaningfully provides resilience through its social institutions. This collection demonstrates an evolution of heretical thought that has always pressed for a deeper understanding of the foundations of law and society, offering a model for other scholars on how to keep pressing through the hard work of thinking and rethinking the conceptual basics of language, law, society, and justice.This book will appeal to academics, policymakers, lawyers, activists, and students in law and politics theory with interests in law and society, human dependency and vulnerability, state responsibility, and feminism and the family; as well as others who have applied Fineman’s vulnerability theory to issues in the fields of bioethics, artificial intelligence, and policing, to name just a few.

This volume is the first collection of Martha Albertson Fineman’s most important and influential work. Feminist legal theorist Martha Albertson Fineman has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman’s scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory.This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that is just as relevant today, if not more so. In this book, Fineman offers a foundation for the achievement of true social justice, through the centering of our shared human vulnerability and dependency, grounded in the recognition of the ontological body and its material needs. Arranged in sections, and introduced by leading scholars in the field, these pieces ask us to re-examine our legally enshrined commitment to formal equality and the “mythological” autonomous independent legal subject; recognizing instead that we must call for an active and responsive state that meaningfully provides resilience through its social institutions. This collection demonstrates an evolution of heretical thought that has always pressed for a deeper understanding of the foundations of law and society, offering a model for other scholars on how to keep pressing through the hard work of thinking and rethinking the conceptual basics of language, law, society, and justice.This book will appeal to academics, policymakers, lawyers, activists, and students in law and politics theory with interests in law and society, human dependency and vulnerability, state responsibility, and feminism and the family; as well as others who have applied Fineman’s vulnerability theory to issues in the fields of bioethics, artificial intelligence, and policing, to name just a few.

This book analyses the experiences of mothers in the criminal justice system, arguing that a legal system oriented around the idea of isolating and punishing individuals – without considering the relational dynamics in which they are embedded – produces disproportionate punishment for mothers.Drawing on original qualitative research, the book considers the relevance of mothering to women’s pathways to prison, introducing readers to the "matrix of vulnerabilities" – a complex interplay of trauma, poverty and coercive relationships. This matrix, the book argues, is a central dynamic in women’s criminalisation, and one that should be considered in questions of culpability. Grounded in a study of the operation of sentencing law in NSW, Australia, it demonstrates how, in a jurisdiction where sentencing is focused on individualised justice, the imperative to isolate and punish individuals cannot adequately recognise relational dynamics like mothering, resulting in unfair and inconsistent treatment in sentencing courts. Challenging legal scholars, policymakers, and practitioners to reconsider how criminal justice systems can better account for the relational realities of mothers’ lives, the book then articulates a more adequate, non-essentialist, but materially-grounded, understanding of mothering in policy and the law. It thereby offers crucial insights for creating more equitable approaches to justice that recognise the complex vulnerabilities shaping women’s experiences with the law.This book will appeal to scholars working in socio-legal studies, feminist or critical criminology, criminal justice, and feminism more generally.

Did she choose that?’ Or, more normatively, ’Why would she choose that?’ This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women’s conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law’s approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Australia, provides a basis for evaluating the choice-coercion binary and for contemplating alternate modes for assessing, from a law and policy standpoint, the palatability of social practices that appear pernicious to women. Weaving together interdisciplinary research, an innovative analytical framework for assessing choices ostensibly harmful to women, and a critique of the legal rules governing such choices, this book bears relevance for students, scholars, practicing jurists and policymakers seeking a richer understanding of conduct that moves women to the margins of law and society.

Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.

This book explores the contentious topic of women’s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women’s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women’s rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees.Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees.Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees.Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees.Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Did she choose that?’ Or, more normatively, ’Why would she choose that?’ This book critiques and offers an alternative to these questions, which have traditionally framed law and policy discussions circulating around controversial genderized practices. It examines the simplicity and incompleteness of choice-based rhetoric and of presumptions that women’s conduct is shaped, in an absolute way, either by choice or by coercion. This book develops an analytical framework that aims to discern the meaning and value that women may ascribe to morally ambiguous practices. An analysis of law’s approach to polygamy, surrogacy and sex work, particularly in Canada, the United Kingdom and Australia, provides a basis for evaluating the choice-coercion binary and for contemplating alternate modes for assessing, from a law and policy standpoint, the palatability of social practices that appear pernicious to women. Weaving together interdisciplinary research, an innovative analytical framework for assessing choices ostensibly harmful to women, and a critique of the legal rules governing such choices, this book bears relevance for students, scholars, practicing jurists and policymakers seeking a richer understanding of conduct that moves women to the margins of law and society.

Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.

With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

This book brings together academics, legal practitioners and activists with a wide range of pro-choice, pro-life and other views to explore the possibilities for cultural, philosophical, moral and political common ground on the subjects of abortion and reproductive justice more generally. It aims to rethink polarized positions on sexuality, morality, religion and law, in relation to abortion, as a way of laying the groundwork for productive and collaborative dialogue. Edited by a leading figure on gender issues and emerging voices in the quest for reproductive justice - a broad concept that encompasses the interests of men, women and children alike - the contributions both search for 'common ground' between opposing positions in our struggles around abortion, and seek to bring balance to these contentious debates. The book will be valuable to anyone interested in law and society, gender and religious studies and philosophy and theory of law.

This book brings together academics, legal practitioners and activists with a wide range of pro-choice, pro-life and other views to explore the possibilities for cultural, philosophical, moral and political common ground on the subjects of abortion and reproductive justice more generally. It aims to rethink polarized positions on sexuality, morality, religion and law, in relation to abortion, as a way of laying the groundwork for productive and collaborative dialogue. Edited by a leading figure on gender issues and emerging voices in the quest for reproductive justice - a broad concept that encompasses the interests of men, women and children alike - the contributions both search for 'common ground' between opposing positions in our struggles around abortion, and seek to bring balance to these contentious debates. The book will be valuable to anyone interested in law and society, gender and religious studies and philosophy and theory of law.