Choice And Consent

Author: Rosemary Hunter
Publisher: Routledge
ISBN: 1135331189
Size: 36.43 MB
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This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Jurisprudence

Author: Scott Veitch
Publisher: Routledge
ISBN: 1317749200
Size: 36.44 MB
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Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third part contains advanced topics. Each chapter gives guidance on further reading. Accessible, interdisciplinary, and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship.

The Moral Imagination And The Legal Life

Author: Zenon Bankowski
Publisher: Routledge
ISBN: 1317023773
Size: 66.26 MB
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What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.

Feminist Judgments

Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
ISBN: 1847317278
Size: 37.39 MB
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While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world? If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn?other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

The Oxford Handbook Of U S Social Policy

Author: Daniel Beland
Publisher: Oxford University Press
ISBN: 0199943508
Size: 70.53 MB
Format: PDF
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The American welfare state has long been a source of political contention and academic debate. This Oxford Handbook pulls together much of our current knowledge about the origins, development, functions, and challenges of American social policy. After the Introduction, the first substantive part of the handbook offers an historical overview of U.S. social policy from the colonial era to the present. This is followed by a set of chapters on different theoretical perspectives available for understanding and explaining the development of U.S. social policy. The three following parts of the volume focus on concrete social programs for the elderly, the poor and near-poor, the disabled, and workers and families. Policy areas covered include health care, pensions, food assistance, housing, unemployment benefits, disability benefits, workers' compensation, family support, and programs for soldiers and veterans. The final part of the book focuses on some of the consequences of the U.S. welfare state for poverty, inequality, and citizenship. Many of the chapters comprising this handbook emphasize the disjointed patterns of policy making inherent to U.S. policymaking and the public-private mix of social provision in which the government helps certain groups of citizens directly (e.g., social insurance) or indirectly (e.g., tax expenditures, regulations). The contributing authors are experts from political science, sociology, history, economics, and other social sciences.

Fortunes Of Feminism From State Managed Capitalism To Neoliberal Crisis

Author: Nancy Fraser
Publisher: Verso Books
ISBN: 1844679845
Size: 18.87 MB
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Nancy Fraser's powerful new book documents the “movements of feminism” and the shifts in the feminist imaginary since the 1970s. Fraser follows the history of feminism from the ferment of the New Left, during which “Second Wave” feminism emerged as a struggle for women's liberation alongside other social movements, to its emersion in identity politics following the decline of its initial utopian energies. Alongside this detailed history, Fraser recognizes the need for a reinvigorated feminist radicalism to respond to the crisis in neoliberalism. She argues for a feminism that could join other egalitarian movements in struggles aimed at subjecting capitalism to democratic control, while retrieving the core utopian insights of feminism's earlier phases.

Feminist Social And Political Theory

Author: Janice McLaughlin
Publisher: Palgrave MacMillan
ISBN: 0230629563
Size: 78.65 MB
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This text introduces students to both feminism and other social and political theories via an examination of the inter-relationship between different feminist positions and key contemporary debates. The book takes each debate in turn, outlining the main themes and feminist responses.

New Directions For Law In Australia

Author: Ron Levy
Publisher: ANU Press
ISBN: 1760461423
Size: 66.47 MB
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For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Critical Theory Today

Author: Lois Tyson
Publisher: Routledge
ISBN: 1317643232
Size: 63.73 MB
Format: PDF
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This thoroughly updated third edition of Critical Theory Today offers an accessible introduction to contemporary critical theory, providing in-depth coverage of the most common approaches to literary analysis today, including: feminism; psychoanalysis; Marxism; reader-response theory; New Criticism; structuralism and semiotics; deconstruction; new historicism and cultural criticism; lesbian, gay, and queer theory; African American criticism and postcolonial criticism. This new edition features: a major expansion of the chapter on postcolonial criticism that includes topics such as Nordicism, globalization and the ‘end’ of postcolonial theory, global tourism and global conservation an extended explanation of each theory, using examples from everyday life, popular culture, and literary texts a list of specific questions critics ask about literary texts an interpretation of F. Scott Fitzgerald's The Great Gatsby through the lens of each theory a list of questions for further practice to guide readers in applying each theory to different literary works updated and expanded bibliographies Both engaging and rigorous, this is a "how-to" book for undergraduate and graduate students new to critical theory and for college professors who want to broaden their repertoire of critical approaches to literature.

Exploring The Legal In Socio Legal Studies

Author: David Cowan
Publisher: Palgrave Macmillan
ISBN: 1137344385
Size: 48.31 MB
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Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.