Law Politics And The Gender Binary
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Law Politics And The Gender Binary
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Author : Petr Agha
language : en
Publisher: Routledge
Release Date : 2018-08-06
Law Politics And The Gender Binary written by Petr Agha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.
The distinction between male and female, or masculinity and femininity, has long been considered to be foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet the binary relationship ‘man/woman’ continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields – including law, sociology, philosophy and anthropology – to pin down the relationship between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at societal and institutional levels. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discusses this pressing question with a view to considering whether current equality policies challenge hierarchical and hegemonic understandings of gender or are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should, contribute to the process of deconstructing the gender binary.
Feminist Approaches To Law
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Author : Dragica Vujadinović
language : en
Publisher: Springer Nature
Release Date : 2022-11-15
Feminist Approaches To Law written by Dragica Vujadinović and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-15 with Law categories.
This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.
Normal Life
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Author : Dean Spade
language : en
Publisher: Duke University Press
Release Date : 2015-07-13
Normal Life written by Dean Spade and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-13 with Social Science categories.
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Recovering Subversion
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Author : Nivedita Menon
language : en
Publisher: Orient Blackswan
Release Date : 2004
Recovering Subversion written by Nivedita Menon and has been published by Orient Blackswan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Feminist jurisprudence categories.
This Book Is About The Relation Between Law And Feminist Politics. The Area It Traverses Ranges From Feminist Initiatives On Sexual Harassment To The Parity Movement In France.
The Public Law Of Gender
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Author : Kim Rubenstein
language : en
Publisher:
Release Date : 2016
The Public Law Of Gender written by Kim Rubenstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.
"With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains"--Provided by publisher.
Gender Sexualities And Law
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Author : Jackie Jones
language : en
Publisher: Routledge
Release Date : 2011-03-17
Gender Sexualities And Law written by Jackie Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.
Bringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issues – both topical and controversial – raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.
The Politics Of Right Sex
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Author : Courtenay W. Daum
language : en
Publisher: State University of New York Press
Release Date : 2020-08-01
The Politics Of Right Sex written by Courtenay W. Daum and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-01 with Political Science categories.
While the growing attention to trans rights and the development of trans-specific interest groups suggest that the time is right for a trans rights movement akin to prior civil rights movements, The Politics of Right Sex explores the limitations of rights-based mobilization and litigation for advancing the interests of trans communities. Synthesizing critical theory, transgender studies, and extant law and society research, Courtenay W. Daum argues that trans individuals, particularly those situated at the intersection of gender, race, class, and immigration status, are regulated by myriad forces of governmentality that work to maintain the sex and gender binaries and associated power hierarchies. Because many informal practices and norms are located beyond the reach of civil rights laws, a trans politics of rights may produce some modest legal and legislative reforms but will not eliminate the disciplinary forces that work to subject trans individuals. It will also privilege those who are able to conform with dominant gender norms at the expense of the interests of those individuals who are gender nonconforming, gender queer, trans people of color, and others unable or unwilling to embrace a transnormative presentation of self and/or lifestyle. In order to disrupt the dominant discourse and hierarchical power arrangements in pursuit of collective liberation for all as opposed to rights for some, The Politics of Right Sex advocates for a more confrontational approach that directly engages and challenges the hegemonic power structures that govern and discipline trans individuals.
Sex Is As Sex Does
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Author : Paisley Currah
language : en
Publisher: NYU Press
Release Date : 2022-05-31
Sex Is As Sex Does written by Paisley Currah and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Social Science categories.
Winner, Sexuality and Politics Book Award - American Political Science Association Finalist, PROSE Award - Government and Politics What the evolving fight for transgender rights reveals about government power, regulations, and the law Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people. Providing examples from different states, government agencies, and court cases, Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether? In this thought-provoking and original volume, Sex Is as Sex Does reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large.Ultimately, Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them.
Special Issue
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Author : Austin Sarat
language : en
Publisher: Emerald Group Publishing
Release Date : 2016-02-17
Special Issue written by Austin Sarat and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
This volume carefully examines the relationship between gender, equality, and power across an array of realms: sex, reproduction, pleasure, work, money. It identifies social, political, economic, developmental, and psychological and somatic forces, operating both internally and externally, that complicate the expression and constraint of power.
Legal Capacity Gender
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Author : Anna Arstein-Kerslake
language : en
Publisher: Springer Nature
Release Date : 2021-01-25
Legal Capacity Gender written by Anna Arstein-Kerslake and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-25 with Law categories.
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.