By Nicola Lacey
ISBN-10: 1847311474
ISBN-13: 9781847311474
ISBN-10: 1901362337
ISBN-13: 9781901362336
The essays during this publication current a feminist critique of legislation in accordance with an research of the ways that the very constitution of contemporary legislations is gendered. Ranging throughout such box as felony legislations and anti-discrimination legislation, Lacey examines the conceptual framework of recent felony practices, the strategies of equality, and the connection among the kingdom, the person and the group.
Read or Download Unspeakable Subjects: Feminist Essays in Legal and Social Theory PDF
Best legal theory & systems books
Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations
This publication brings jointly the topics of gender, sexuality, violence and corporations. The authors synthesize the literature and examine which has been performed in those fields and supply a coherent framework for realizing the inter-relationship among those suggestions. the significance of violence and abuse, and especially men's violence to girls, childrens and different males has been good verified, in particular via feminist and a few pro-feminist examine.
The Measure of Injury: Race, Gender, and Tort Law
Tort legislation is the physique of legislation governing negligence, intentional misconduct, and different wrongful acts for which civil activities might be introduced. the normal knowledge is that the foundations, thoughts, and constructions of tort legislations are impartial and independent, freed from issues of gender and race. within the degree of harm, Martha Chamallas and Jennifer Wriggins turn out that tort legislations is something yet gender and race impartial.
Hobbes's political idea provokes a perennial fascination. It has develop into relatively trendy lately, with the surge of scholarly curiosity evidenced by way of a couple of monographs in political concept and philosophy. even as, there was a flip in felony scholarship in the direction of political conception in a fashion that engages recognisably Hobbesian issues, for instance the connection among protection and liberty.
- Great Debates in Jurisprudence
- Pardons: Justice, Mercy, and the Public Interest
- Aquinas and Natural Law
- Fragmenting Fatherhood: A Socio-Legal Study
- Jurisprudence as Ideology (Sociology of Law and Crime)
Additional resources for Unspeakable Subjects: Feminist Essays in Legal and Social Theory
Sample text
However, the ultimate willingness of the tribunal to interpret an unequal outcome as an instance of unjust, illegal inequality is modified by the underlying ideology of equality of opportunity, which invites the tribunal to be receptive to the idea that unequal results may be explained in terms of the free, autonomous choices of individuals. For example, if the sexual segregation of the labour force, the concentration of women in low paid and part-time work, and the under-representation of women in highly paid and prestigious jobs are seen as flowing from autonomous individual choices which flow in turn from women’s and men’s legitimately different lives, the tribunal will be more sympathetic to arguments of justification and less persuaded by the plaintiff ’s argument that the result represents a legally recognised injustice.
This judgment is reinforced by what we know of tribunals’ interpretation of the “justification” test in indirect discrimination cases such as Ojutiku v. Manpower Services Commission [] I L . 32 On this point, see Freeman (). F OM INDIVIDUAL TO G OUP more wide-ranging remedies which are not tied to specific legally recognised harms. The essence of the action would be seen not so much as an assertion of the existence of widespread individual acts of discrimination against members of the group, but of an unjust disadvantage suffered by the group, the ultimate source of which would not be the subject of technical legal proof.
31 A link between the two senses of group-based rights is suggested by Charles Lawrence’s argument that in interpreting anti-discrimination law (and hence in ascribing any “remedial” rights), the decision-making tribunal might be directed to consider whether the “cultural meaning” of the existing disadvantage was a racial or religious one (“The Id, the Ego and Equal Protection” ()). Whilst I find Lawrence’s arguments about the importance of unconscious racism totally persuasive, my feeling is that, even if it would work in the USA, in the British context a “cultural meaning” test would turn out to be highly restrictive.