Feminism Law Inclusion

The contributions to this collection are written by legal advocates, community activists and legal scholars. The ten essays examine theories of intersectionality to demonstrate how race, class, sexual orientation, gender and identity have been integrated into legal scholarship and activism in an attempt to shape legal policy and practice.

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

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.

In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy � child custody, child poverty, sexual harassment, and sexual assault � and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a complicated, often contradictory, picture of feminism, law, and social change, offering feminists and activists empirically grounded knowledge to develop legal and political strategies for change.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Mary Joe Frug charts a course for future feminist thinking about law. She identifies the political and theoretical limitations of earlier strands of legal feminism and demonstrates why postmodernism offers more hope for women in law.

Describing and assessing feminist inroads into the state Feminists walk the halls of power. Governance Feminism: An Introduction shows how some feminists and feminist ideas—but by no means all—have entered into state and state-like power in recent years. Being a feminist can qualify you for a job in the United Nations, the World Bank, the International Criminal Court, the local prosecutor’s office, or the child welfare bureaucracy. Feminists have built institutions and participate in governance. The authors argue that governance feminism is institutionally diverse and globally distributed. It emerges from grassroots activism as well as statutes and treaties, as crime control and as immanent bureaucracy. Conflicts among feminists—global North and South; left, center, and right—emerge as struggles over governance. This volume collects examples from the United States, Israel, India, and from transnational human rights law. Governance feminism poses new challenges for feminists: How shall we assess our successes and failures? What responsibility do we shoulder for the outcomes of our work? For the compromises and strange bedfellows we took on along the way? Can feminism foster a critique of its own successes? This volume offers a pathway to critical engagement with these pressing and significant questions.

This book provides a student text covering the major issues in feminist jurisprudence and to analyse the manner in which both traditional jurisprudence and law have remained a masculine subject.