Feminist Judgments
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Feminist Judgments
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Author : Rosemary Hunter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-09-30
Feminist Judgments written by Rosemary Hunter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-30 with Law categories.
While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
Feminist Judgments Rewritten Tax Opinions
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Author : Bridget J. Crawford
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-28
Feminist Judgments Rewritten Tax Opinions written by Bridget J. Crawford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-28 with Law categories.
Feminist scholars rewrite major tax decisions in order to illustrate the key role of viewpoint in statutory interpretation.
Feminist Judgments Corporate Law Rewritten
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Author : Anne M. Choike
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Feminist Judgments Corporate Law Rewritten written by Anne M. Choike and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-31 with Law categories.
Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.
Feminist Judgments Rewritten Tort Opinions
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Author : Martha Chamallas
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-10
Feminist Judgments Rewritten Tort Opinions written by Martha Chamallas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
A feminist rewrite of tort law cases that reveals gender bias and the law's failure to redress serious harms to women.
Feminist Judgments
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Author : Deborah S. Gordon
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-17
Feminist Judgments written by Deborah S. Gordon and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-17 with Business & Economics categories.
This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
Feminist Judgments Rewritten Property Opinions
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Author : Eloisa C. Rodriguez-Dod
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-28
Feminist Judgments Rewritten Property Opinions written by Eloisa C. Rodriguez-Dod and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Law categories.
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
Feminist Judgments Reproductive Justice Rewritten
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Author : Kimberly Mutcherson
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-16
Feminist Judgments Reproductive Justice Rewritten written by Kimberly Mutcherson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Health & Fitness categories.
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
Feminist Judgments In International Law
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Author : Loveday Hodson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Feminist Judgments In International Law written by Loveday Hodson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.
Northern Irish Feminist Judgments
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Author : Máiréad Enright
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-09
Northern Irish Feminist Judgments written by Máiréad Enright and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
Feminist Judgments Family Law Opinions Rewritten
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Author : Rachel Rebouché
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-25
Feminist Judgments Family Law Opinions Rewritten written by Rachel Rebouché and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with History categories.
Reimagined court opinions that address iconic issues in family law from a feminist perspective with timely commentaries on those issues.