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Feminist Legal Theory: A Primer [Mīkstie vāki]

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  • Formāts: Paperback / softback, 277 pages, height x width: 229x152 mm
  • Sērija : Critical America
  • Izdošanas datums: 01-Apr-2006
  • Izdevniecība: New York University Press
  • ISBN-10: 0814751997
  • ISBN-13: 9780814751992
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  • Formāts: Paperback / softback, 277 pages, height x width: 229x152 mm
  • Sērija : Critical America
  • Izdošanas datums: 01-Apr-2006
  • Izdevniecība: New York University Press
  • ISBN-10: 0814751997
  • ISBN-13: 9780814751992
Citas grāmatas par šo tēmu:
An updated edition of the praised primer for feminist legal theory and how it shapes contemporary gender issues At long last, the complex field of feminist legal theory is presented in accessible, teachable form by two of its experts, Nancy Levit and Robert R. M. Verchick. In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to women's and gender studies. The book centers on feminist legal theoriesincluding equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The authors also address feminist legal methods, such as consciousness raising and storytelling. The primer demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. Levit and Verchick highlight a sweeping range of cutting edge topics at the intersection of law and gender, such as single sex schools, women in the military, abortion, same sex marriage, date rape, and the international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the role of law and feminist legal theory in shaping contemporary gender issues.

Recenzijas

"This excellent primer traces the development of feminist theories in a legal system to which women and feminists are relatively new. The authors traverse various feminist legal theories, describing their inherent differences, as well as their crucial common ground; their influence on the legal world; their successes both perceived and real; and finally, their dynamic nature, which prime activists and academics for social and political change...The book also raises issues of goals unfulfilled and challenges to come by providing an insightfully provoking discussion of diverse issues. It explores more traditionally "feminist" legal topics such as domestic violence and rape, current debates, such as single-sex schools and women in the US military, and larger issues regarding the applicability of feminist legal theories in the face of a shrinking, globalized world." -Berkeley Journal of Gender, Law, and Justice "Feminist Legal Theory brings together a comprehensive and lucid treatment of feminist theoretical approaches to the most pressing legal problems of our time. This book will serve as an essential desk reference for those who are new to feminist legal theory as well as for those of us who are veterans." -Katherine Franke,Columbia Law School "This excellent primer traces the development of feminist theories in a legal system to which women and feminists are relatively new. The authors traverse various feminist legal theories, describing their inherent differences, as well as their crucial common ground; their influence on the legal world; their successes, both perceived and real; and finally, their dynamic nature, which prime activists and academics for social and political change... The book also raises issues of goals unfulfilled and challenges to come by providing an insightfully provoking discussion of diverse issues. It explores more traditionally 'feminist' legal topics such as domestic violence and rape, current debates, such as single-sex schools and women in the U.S. military, and larger issues regarding the applicability of feminist legal theories in the face of a shrinking, globalized world." -Berkeley Journal of Gender, Law, and Justice,/p> "This book is perfectly designed as a text for undergraduates. The writing is lively and accessible; the topic coverage is broad, interesting, and up-to-date; and the subject of feminist legal theory is represented in many forms. Levit and Verchick invite readers to engage in the debate over law's impact on gendered controversies, and to select solutions from among competing visions of equality." -Choice, Highly Recommended "An important new assessment, wisely crafted, controversial, provocative, unusual, not just another addition to a settled field." -Susan Estrich,author of Sex & Power

Foreword: Feminist Legal Theory, Primed for Action xiii
Martha Minow
Acknowledgments xix
Chapter One. Introduction 1(14)
A. Feminism and Law
1(1)
B. A Brief History of Women's Rights and Early Concepts of Equality
2(4)
C. The Equal Rights Amendment
6(2)
D. Varieties of Contemporary Feminist Legal Theory
8(4)
E. Unifying Themes and Divisions
12(3)
Chapter Two. Feminist Legal Theories 15(30)
A. Equal Treatment Theory
16(1)
B. Cultural Feminism
17(5)
C. Dominance Theory
22(4)
D. Critical Race Feminism
26(3)
E. Lesbian Feminism
29(2)
F. Ecofeminism
31(3)
G. Pragmatic Feminism
34(2)
H. Postmodern Feminism
36(3)
I. Questions for Discussion
39(6)
Chapter Three. Feminist Legal Methods 45(12)
A. Unmasking Patriarchy
45(3)
B. Contextual Reasoning
48(1)
C. Consciousness-Raising
49(1)
D. Pulling It Together
50(3)
1. Telling a story
50(1)
2. Analyzing the story
51(2)
E. Questions for Discussion
53(4)
Chapter Four. Workplace Discrimination, Wages, and Welfare 57(29)
A. Defining Workplace Discrimination
58(5)
1. The history of Title VII
58(1)
2. Suing under Title VII
59(2)
3. Pregnancy, maternity leave, and the work-family conflict
61(2)
B. Feminist Legal Theory in the Courtroom
63(3)
C. Sexual Harassment
66(7)
D. Occupational Segregation and Equal Pay
73(4)
E. Employment in the Military
77(3)
1. GI Jane
77(2)
2. "Don't Ask, Don't Tell"
79(1)
F. Welfare Reform and Economic Independence
80(1)
G. Questions for Discussion
80(6)
Chapter Five Education and Sports 86(42)
A. Educational Opportunities
86(6)
1. The historical path to coeducation
86(3)
2. Contemporary inequalities
89(3)
B. Single-Sex Education
92(12)
1. The constitutional backdrop: equal protection
93(5)
2. The statutory backdrop: Title IX
98(2)
3. The evidence concerning single-sex education
100(4)
C. Charter Schools and Vouchers
104(3)
1. Charter schools
104(2)
2. Vouchers
106(1)
D. Athletics and Title IX
107(8)
1. The importance of school athletics
107(2)
2. Empirical evidence: the good, the bad, and the ugly
109(1)
3. Complying with Title IX
110(18)
a. The "interests and abilities" three-step
111(1)
b. Cohen v. Brown University
111(3)
c. "Boys against the girls"
114(1)
E. Sexual Harassment in Schools
115(4)
F. Questions for Discussion
119(9)
Chapter Six. Gender and the Body 128(35)
A. Abortion
128(17)
1. Abortion and the Constitution
129(6)
2. Legislation and political strategies
135(6)
a. The "partial birth" abortion controversy
136(2)
b. RU-486
138(1)
c. Antiabortion violence and clinic access
138(2)
d. Fathers' rights
140(1)
3. Reproductive rights and feminist legal theories
141(4)
a. Tensions of cultural feminism
141(1)
b. Women's stories and reproductive rights
141(2)
c. Multicultural perspectives
143(1)
d. Pro-life feminism
143(1)
e. Antiessentialism
144(1)
B. Contraception
145(3)
1. Contraceptive information
145(2)
2. Emergency contraception
147(1)
3. Birth control costs and insurance coverage
147(1)
C. Surrogacy
148(5)
1. Surrogacy arrangements
148(1)
2. Freedom or slavery?
149(2)
3. In re Baby M and Johnson v. Calvert
151(2)
4. Regulating surrogacy
153(1)
D. The Pornography Debate
153(3)
E. Questions for Discussion
156(7)
Chapter Seven. Marriage and Family 163(16)
A. Marriage and Its Alternatives
163(7)
1. Something old, something new
163(2)
2. The pros and cons of tying the knot
165(1)
3. Same-sex marriage
166(2)
4. Domestic partnerships
168(2)
a. Rules between domestic partners
169(1)
b. Rules between a domestic couple and third parties
170(1)
B. Divorce and Its Economic Consequences
170(4)
1. The divorce revolution
171(1)
2. Dividing property upon divorce
171(2)
3. What about my law degree?
173(1)
C. Child Custody
174(1)
D. Questions for Discussion
175(4)
Chapter Eight. Sex and Violence 179(33)
A. Rape
181(8)
1. The criminal law rules
181(2)
2. Rape myths
183(1)
3. Special evidence requirements
184(1)
4. Public perceptions, media coverage, and legal theory
185(2)
5. Acquaintance rape
187(2)
B. Domestic Violence
189(6)
1. Understanding abusive relationships: "Why didn't she just leave?"
190(2)
2. Battered women who kill their abusers
192(2)
3. Intimate violence at the intersections of identity
194(1)
C. Legal Intervention
195(7)
1. Police responses
195(3)
2. Mandatory reporting, arrest, and prosecution policies
198(3)
3. The Violence against Women Act
201(1)
D. Questions for Discussion
202(10)
Chapter Nine. Feminist Legal Theory and Globalization 212(17)
A. Introduction
212(1)
B. Globalization and Its Discontents
213(1)
C. In Search of a Global Feminist Theory
214(4)
1. Defining equality and women's well-being
215(1)
2. The public-private distinction
215(2)
3. Feminism and multiculturalism
217(1)
D. Case Studies
218(9)
1. Female genital cutting
218(3)
2. International trafficking in women and girls
221(2)
3. Economic development
223(4)
E. Questions for Discussion
227(2)
Index 229(6)
About the Authors 235


Nancy Levit is Curators' and Edward D. Ellison Professor of Law at the University of Missouri-Kansas City School of Law.