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Robson tackles controversial legal questions, including the treatment of lesbian criminal defendants; lesbianism and violence; the courts' tendency to resort to stereotypes, such as "the good lesbian" and "the bad lesbian"; the numerous debates enveloping same-sex marriage; and the outcome of child custody cases involving lesbians. She also repudiates the recent habit of legal theorists to address lesbians as "alternative family."
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
This book presents the first published comprehensive overview and critical assessment of the relationship between law and masculinities. It provides a general introduction to the subject whilst engaging with the difficult question of what it means to speak of the masculinity of law in the first place.
Born in the late nineteenth century, sexuality is a relatively new category within the human sciences in general and law and society scholarship in particular. Despite its novelty, it is now a central category through which we understand ourselves both as individuals and as members of communities. This volume offers a collection of essays selected to reflect the ever-widening horizons and diverse methodologies of law and society scholarship on sexual and identity in law. The essays offer an insight into some of the key themes and recent developments in this body of work. Each in different ways offers an evaluation of the nature, meaning and effects of sexuality thereby providing a critical evaluation of the politics of sexual identity as it appears in and through the law.
Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
This book examines how the intertwining of clothes and the United States Constitution raises fundamental questions of hierarchy, sexuality and democracy. Constitutional considerations both constrain and confirm daily choices. In turn, appearances provide multilayered perspectives on the Constitution and its interpretations. Garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race and sexuality. At work, in court, in schools, in prisons and on the streets, clothes and grooming provoke constitutional controversies. Additionally, the production, trade and consumption of apparel implicates constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear - or do not - is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.
This book offers a comprehensive examination of the ways in which the criminal justice system of England and Wales has regulated, and failed or refused to regulate, lesbianism. It identifies the overarching approach as one of silencing: lesbianism has not only been ignored or regarded as unimaginable, but was deliberately excluded from legal discourses. A series of case studies ranging from 1746 to 2013 from parliamentary debates to individual prosecutions shed light on the complex process of regulation through silencing. They illuminate its evolution over three centuries and explore when and why it has been breached. The answers Derry uncovers can be fully understood only in the context of surrounding social and legal developments which are also considered. Lesbianism and the Criminal Law makes an important contribution to the growing bodies of literature on feminism, sexuality and the law and the legal history of sexual offences.
Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.
As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.