Gender In Philosophy And Law

This book is an introductory systematic framework in the complex and interdisciplinary sex/gender debate, focusing on philosophy of law.The volume analyses the different theories that have dealt with the gender category, highlighting the conceptual premises and the arguments of the most influential theories in the debate, which have had repercussions on the field of the ethical and juridical debate (with reference to intersexuality, transsexualism, transgender, homosexuality). The aim is to offer a sort of conceptual orientation in the complexity of the debate, in an effort to identify the various aspects and development processes of the theories, so as to highlight the conceptual elements of the theorisations to grasp the problem areas within them. It is therefore an overall synthetic and also explicative analysis, but not only explicative: the aim is to outline the arguments supporting the different theories and the counter-arguments too, for the purpose of proposing categories to weigh up the elements and to take one’s own critical stance, with a methodological style that is neither descriptive nor prescriptive, but critical. ​

Presenting feminist readings of texts from the legal philosophical and jurisprudential canon, the papers collected here offer an interdisciplinary and critical challenge to established modes of reading law. Feminist approaches to law usually take the form of either critical engagements with legal doctrine, legal concepts and ideas, or critical assessments of the effects that specific areas of law have upon the lives of women. This collection, however, although rooted in feminist legal scholarship, takes the established canon of legal texts as the object of inquiry. Taking as their common starting point the fact that legal texts are plural and open to multiple readings, all the contributions in this collection offer subversive, but supplementary, interpretations of the legal canon. In this respect, however, they do not merely sustain an array of feminist styles and theories of reading; revealing and re-appropriating the plural space of legal interpretation, they seek to open a hitherto unexplored arena for a feminist politics of law. Feminist Encounters with Legal Philosophy is a thoroughly researched interdisciplinary collection that will interest students and scholars of Law, Philosophy, and Feminism.

Gender and the Law of the Sea successfully establishes the relevance of gender at sea and posits that feminist perspectives can help develop a more inclusive law for the oceans.

What is the link between the way in which women are viewed as an aberration within law - such that pregnant women initially had to be compared with sick men to claim unfair dismissal - and the view of women as monstrous within philosophy? This book uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions,including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. This collection of essays on feminist legal theory therefore provides an interdisciplinary approach, drawn not only from law and philosophy, but also from cultural and womens studies. Feminism may still be on the margins of both law and philosophy, yet it has the ability to disrupt both. This book moves beyond a feminist critique of existing frameworks to the constructive project of reworking theory from within. It goes beyond debates of traditional jurisprudence to draw its tools from the growing body of work on feminist philosophy - including the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect both contemporary continental philosophy and critical legal theory.

The Nakhti philosophy details how to let one's consciousness choose the mind's vitu (content) versus letting vitu program one's state of consciousness. Nakhti exists to assist humans in dealing with the impermanence and duality of life. Vitu is content that is generated from the five senses while living on planet earth. The first step in Nakhti philosophy is the process of Self-assessment via filling out the Chati of Self graph to get a snapshot of the vitu driving your current state of consciousness. There are four chambers in the Chati of self: The Files, ROM, Hard Drive, and Motherboard. Vitu in your life should be listed in each chamber according to type (auspicious and inauspicious) and the chamber you felt it impacted the most. Definitions of these chambers, instructions, and examples are detailed in the book. The Nakhti philosophy will also detail the main causes of dissatisfaction in the human experience which are non-acknowledgment of the nature of vitu: impermanence and duality, and identification with vitu. Both of which cause fleeting perceptions of happiness and distress. Nakhti details two methods that help one acknowledge the nature of vitu and become less identified with vitu. These two methods are transmutation of vitu and equanimity via Giza Mama Meditation. Lastly, this philosophy will teach you how to manifest your desires consciously and quickly.

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.

'A clear, concise, easy-to-read account of the issues between sex, gender and feminism . . . an important book' Evening Standard 'A call for cool heads at a time of great heat and a vital reminder that revolutions don't always end well' Sunday Times Material Girls is a timely and trenchant critique of the influential theory that we all have an inner feeling known as a gender identity, and that this feeling is more socially significant than our biological sex. Professor Kathleen Stock surveys the philosophical ideas that led to this point, and closely interrogates each one, from De Beauvoir's statement that, 'One is not born, but rather becomes a woman' (an assertion she contends has been misinterpreted and repurposed), to Judith Butler's claim that language creates biological reality, rather than describing it. She looks at biological sex in a range of important contexts, including women-only spaces and resources, healthcare, epidemiology, political organization and data collection. Material Girls makes a clear, humane and feminist case for our retaining the ability to discuss reality, and concludes with a positive vision for the future, in which trans rights activists and feminists can collaborate to achieve some of their political aims.

How should feminist theories conceive of the subject? What is it to be a legal person? What part does embodiment play in subjectivity? Can there be a conception of rights which does justice to the social contexts in which rights claims are embedded? Is the way the law constitutes legal subjects a form of violence? These questions lie at the heart of contemporary feminist theory,and in this collection they are addressed by a group of distinguished international scholars working in law, philosophy and politics. The volume, in which the concerns of one author are taken up by others, advances current debate on two interconnected levels. First, it contains original and ground-breaking discussions of the questions raised above. At the same time, it contains a more reflexive strand of argument about the intellectual resources available to feminist thinkers, and the advantages and dangers of borrowing from non-feminist traditions of thought. It thus provides an exceptionally rich examination of contemporary legal and political feminist theory.