Introduction to Feminist Jurisprudence 1st Edition by Hilaire Barnett – Ebook PDF Instant Download/Delivery: 1859412378, 9781859412374
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Product details:
ISBN 10: 1859412378
ISBN 13: 9781859412374
Author: Hilaire Barnett
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.
Introduction to Feminist Jurisprudence 1st Table of contents:
- The Foundations of Feminist Jurisprudence
- Introduction
- The Evolution and Scope of Feminist Jurisprudence and Feminist Legal Methods
- The Feminist Gender Debate
- What is a woman? The gender question
- Woman as ‘Other’
- Feminist Legal Methods
- Consciousness raising
- Asking the ‘woman question’
- Feminist practical reasoning
- Gender Inequalities and Law
- Empirical Evidence of Cultural Patriarchy
- Chinese footbinding
- Female circumcision
- Hindu suttee
- European witch-murders22
- Wife sale in England32
- Women in marriage35
- Gender-based violence against women in contemporary society
- Law’s Dependence on Culture: Theoretical Explanations
- Karl von Savigny, Eugen Ehrlich, William Graham Sumner
- Early Struggles for Equality in Western Society
- Rights for women
- The Franchise
- The Franchise in the United Kingdom
- The franchise in the United States of America
- Education for Women
- Science and medicine
- The legal profession
- The Two World Wars and Women’s Equality
- The Position of women in Contemporary Society
- Participation in employment
- Occupational differences
- Part time work
- Women’s pay
- The British Central Statistical Office Report 1995112
- Women’s earnings
- Occupational data
- Patriarchy
- Explaining Patriarchy
- Theoretical explanations of the origins of patriarchy
- Contemporary Patriarchal Manifestations
- The ‘public’ sphere
- The ‘private’ sphere
- The invisibility of women
- Extending the private sphere?
- Inequality in the Public and Private Spheres
- The Subject of law: woman as ‘Other’
- Physical violence against women
- Sexual harassment
- Pornography
- Patriarchy and Essentialism
- Conclusion
- Conventional Jurisprudence and Feminist Critique
- Conventional Jurisprudence and Feminist Critique: I Ancient Greek Political Thought and Natural Law Theory
- Introduction
- The Greek Philosophers
- Reason in Greek philosophy
- Plato
- Aristotle
- Natural Law Thought
- Natural law in ancient Greece and Rome
- Christian natural law thought
- Natural law and positive law49
- Conventional Jurisprudence and Feminist Critique: II Positive Law and Social Contract Theory
- The Origins of Positivism: the Age of Modernity
- Liberalism
- The rise of legal positivism
- The elements of positivist thought
- Social Contract Theory
- Knowledge and ignorance behind the ‘veil of ignorance’
- The principles of justice
- The communitarian critique of liberalism
- The Failures of Traditional Jurisprudence
- Schools of Feminist Jurisprudential Thought
- Schools of Feminist Jurisprudential Thought: I Liberalism and Marxism
- Introduction
- The liberal tradition in Western democracy1
- The public and private spheres in liberal philosophy
- The feminist critique of liberalism
- Marxist-Socialist Feminism
- Schools of Feminist Jurisprudential Thought: II Difference Feminism/Cultural Feminism
- Feminist developmental theories
- Carol Gilligan’s psychological/developmental research
- French feminism
- Luce Irigaray
- Luce Irigaray and the charge of ‘essentialism’
- Drucilla Cornell
- Schools of Feminist Jurisprudential Thought: III Radical Feminism
- Catharine MacKinnon’s dominance theory
- Radical feminism and the critiques of ‘essentialism’
- Postmodernism and Critical Legal Studies
- Introduction
- The age of modernity
- The age of postmodernism
- Critical Legal Studies
- Feminism, Postmodernism and Critical Legal Studies
- Postmodern Feminist Jurisprudence
- The construction of gender
- Postmodernism/poststructuralism and Critical Legal Studies: unravelling law’s claim to rationality and objectivity
- Feminism and the CLS Distrust of Rights
- Deconstructing the Subject of Law86
- Key Issues in Feminist Jurisprudence
- Women and Medicine
- Introduction
- The Medical Profession in Western Society
- Obstetrics11 and gynaecology12
- The Medicalisation of Reproduction
- Sterilisation
- The case law
- Court Ordered Caesarean Sections
- Treatment under the Mental Health Act 1983
- Infertility Treatment
- Abortion Rights
- Introduction
- The evolution of abortion law in England86
- ‘Foetal rights’? and the law
- The Warnock Committee Report
- The legal position of the father of the child
- The interaction between abortion, contraception and sterilisation
- Abortion rights in the United States of America
- Women’s Reproductive Rights in International Dimension
- The religious and cultural inheritance and influence
- Population control programmes126
- Non-Consensual Treatment of Patients Suffering from Anorexia Nervosa132
- Competence and the ‘mature minor’
- Women, violence and the Legal System
- Introduction
- Defining gender-based violence
- Measuring gender-based violence
- International data
- Violence against women in the United Kingdom
- Explaining gender-based violence
- The problem of the liberal analysis of the ‘public’ and ‘private’ spheres of life
- A woman’s traditional ‘place’: the home
- Evolution of the English law relating to domestic violence57
- The criminal law
- Reconceptualising ‘domestic’ violence
- Female victims and the legal system
- The failure of traditional defences to a charge of murder for women victims of violence
- Provocation
- Diminished responsibility
- Recognising the impact of domestic violence
- Battered woman syndrome
- R v Ahluwalia, R v Thornton99
- Battered woman syndrome in Australia and Canada
- Women on trial: rape
- Pornography and Prostitution
- Introduction
- Pornography
- The evolution of the pornography industry
- Defining pornography
- Legal definitions
- Differing constitutional contexts
- Empirical evidence concerning pornography34
- Reformulating pornography from a feminist perspective
- Alternative theoretical approaches to pornography
- Feminist Approaches to Pornography
- Radical feminism51
- Racial discrimination and pornography
- The Dworkin (Andrea) and MacKinnon Indianapolis and Minneapolis Civil Rights Ordinances
- Freedom of expression reconsidered
- ‘Speech act’ theory
- The Liberal Approach: Absolute and Modified
- An alternative interpretation of John Stuart Mill’s ‘harm’ principle99
- The Conservative Approach to Pornography
- Alternative and Postmodern Perceptions Concerning Pornography
- Arguments for and against the legal regulation of pornography
- Conclusion
- Prostitution and Law: An Outline
- Alternative legal responses to prostitution
- Competing arguments concerning prostitution
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