Feminist Perspectives on Law and Theory by Janice Richardson, Ralph Sandland

By Janice Richardson, Ralph Sandland

What is the hyperlink among the best way ladies are considered as an aberration inside of legislation - such that pregnant ladies firstly needed to be in comparison with in poor health males to assert unfair dismissal - and the view of girls as large inside of philosophy?

This booklet makes use of the failure of girls to slot inside male versions of either legislations and concept so that it will reconsider criminal questions,including the that means of equality, freedom, justice and citizenship. This contains drawback concerning the means during which queer thought and demanding race conception - in addition to problems with category - intersect with feminist concept this present day. It additionally increases concerns concerning the courting among political concept and perform and the efficient intersection among debates inside of legislations, philosophy and feminism.

This selection of essays on feminist criminal idea hence offers an interdisciplinary process, drawn not just from legislation and philosophy, but additionally from cultural and womens reports. Feminism should be at the margins of either legislations and philosophy, but it has the facility to disrupt both.

This e-book strikes past a feminist critique of current frameworks to the confident venture of transforming idea from inside. It is going past debates of conventional jurisprudence to attract its instruments from the becoming physique of labor on feminist philosophy - together with the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect either modern continental philosophy and demanding felony theory.

 

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They then draw out their own position by looking in detail at three areas in which ‘sexual citizenship’ has been used: within the ‘pink economy’; the issue of gay marriage; and, finally, the issue of gays in the military. They note the way in which some commentators have viewed lesbian and gay rights as commodities to be bought and sold on the open market. Naïvely, some have welcomed this, with capitalism being viewed as opening up the possibility of rights! 22 However, the queer movement, in common with feminism, has tended to have a much more radical agenda than simply aiming to be just as exploited as (that problematic construction) straight white men.

19 Feminist Perspectives on Law & Theory maternity. She recognises the historical danger of this ‘difference approach’ to law but clearly feels that more can be gained by this approach. ‘Minoritarian politics’ The term ‘minoritarian’ is deployed to describe groups whose position is not viewed as the ‘norm or universal’ within society, irrespective of their number. In their chapter, David Bell and Jon Binnie discuss the notion of ‘sexual citizenship’, bringing together issues raised within both feminist and queer theory.

But, behind these institutional trends, the question is, what is actually going on in law schools? And here, one has to admit to the fact that, despite a great deal of good and innovative work, there are still three predominate features in the majority of law schools. First, a great deal of boring, undigested, uncontextualised doctrinal detail constitutes the major part of the 2 I began to explore these ideas in a paper given in 1993 and published as ‘Feminism, the desire for theory and the use of law’, in Barnett, H, Sourcebook on Feminist Jurisprudence, 1997, London: Cavendish Publishing, pp 84–91.

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