Feminist And Queer Legal Theory

Author: Martha Albertson Fineman
Publisher: Routledge
ISBN: 1317135733
Size: 55.23 MB
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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.

Masculinities And The Law

Author: Ann C. McGinley
Publisher: NYU Press
ISBN: 0814723500
Size: 41.73 MB
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According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

New Intimacies Old Desires

Author: Oishik Sircar
Publisher: Zubaan
ISBN: 9385932365
Size: 40.68 MB
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In the last 15 years, queer movements in many parts of the world have helped secure the rights of queer people. These moments have been accompanied by the brutal rise of crony capitalism, the violent consequences of the ‘war on terror’, the hyper-juridification of politics, the financialization/ managerialization of social movements and the medicalization of non-heteronormative identities/ practices. How do we critically read the celebratory global proliferation of queer rights in these neoliberal times? This volume responds to the complicated moment in the history of queer struggles by analysing laws, state policies and cultures of activism, to show how new intimacies between queer sexuality and neoliberalism that celebrate modernity and the birth of the liberated sexual citizen, are in fact, reproducing the old colonial desire of civilizing the native. By paying particular attention to the problematics of race, religion and class, this volume engages in a rigorous, self-reflexive critique of global queer politics and its engagements, confrontations, and negotiations with modernity and its investments in liberalism, legalism and militarism, with the objective of queering the ethics of our queer politics. Published by Zubaan.

Feminist Perspectives On Transitional Justice

Author: Martha Fineman
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681429
Size: 10.49 MB
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Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability, and oppression, while moving toward the direction of a post-conflict, more peaceful era. In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland. Many studies, publications, conferences, and debates have taken place addressing these developments and providing elaboration of theories relating to transition justice generally. However, rarely have these processes been examined and critiqued through a feminist lens. The position of women, particularly their specific victimization, typically has not been taken into account in any systematic manner. Seldom do commentators specifically consider whether the recently developed mechanisms for promoting peace and reconciliation will actually help the position of women in a society moving out of repression or conflict. Post-conflict societies, because they must rebuild, are ideally poised to introduce standards that would enable and ensure the active participation of the entire population, including women, in rebuilding a more stable, fair, and democratic polity. This book offers some insights into women's perspectives and feminist views on the topic of transitional justice or 'justice in transition.' Bringing feminism into the conversation allows for an expansion of the possibilities for a transformative justice approach after a period of conflict or insecurity, not by replacing it with feminist theory, but by broadening the scope and vision of the potential responses. (Series: Transitional Justice - Vol. 13)

Marriage And Family

Author: H. Elizabeth Peters
Publisher: Columbia University Press
ISBN: 0231520026
Size: 76.37 MB
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Family life has been radically transformed over the past three decades. Half of all households are unmarried, while only a quarter of all married households have kids. A third of the nation's births are to unwed mothers, and a third of America's married men earn less than their wives. With half of all women cohabitating before they turn thirty and gay and lesbian couples settling down with increasing visibility, there couldn't be a better time for a book that tracks new conceptions of marriage and family as they are being formed. The editors of this volume explore the motivation to marry and the role of matrimony in a diverse group of men and women. They compare empirical data from several emerging family types (single, co-parent, gay and lesbian, among others) to studies of traditional nuclear families, and they consider the effect of public policy and recent economic developments on the practice of marriage and the stabilization or destabilization of family. Approaching this topic from a variety of perspectives, including historical, cross-cultural, gendered, demographic, socio-biological, and social-psychological viewpoints, the editors highlight the complexity of the modern American family and the growing indeterminacy of its boundaries. Refusing to adhere to any one position, the editors provide an unbiased account of contemporary marriage and family.

Cases And Materials On Sexuality Gender Identity And The Law

Author: Carlos Ball
Publisher: West Academic Publishing
ISBN: 9781634604123
Size: 50.83 MB
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This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBT persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decisions on marriage equality in Obergefell and Windsor, and the growing set of religious liberty claims asserted by opponents of LGBT equality measures. Gender identity issues are covered throughout the book.

Penis Envy And Other Bad Feelings

Author: Mari Ruti
Publisher: Columbia University Press
ISBN: 0231546769
Size: 61.38 MB
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Mari Ruti combines theoretical reflection, cultural critique, feminist politics, and personal anecdotes to analyze the prevalence of bad feelings in contemporary everyday life. Proceeding from a playful engagement with Freud’s idea of penis envy, Ruti’s autotheoretical commentary fans out to a broader consideration of neoliberal pragmatism. She focuses on the emphasis on good performance, high productivity, constant self-improvement, and relentless cheerfulness that characterizes present-day Western society. Revealing the treacherousness of our fantasies of the good life, particularly the idea that our efforts will be eventually be rewarded—that things will eventually get better—Ruti demystifies the false hope that often causes us to tolerate an unbearable present. Theoretically rigorous and lucidly written, Penis Envy and Other Bad Feelings is a trenchant critique of contemporary gender relations. Refuting the idea that we live in a postfeminist world where gender inequalities have been transcended, Ruti describes how neoliberal heteropatriarchy has transformed itself in subtle and stealthy, and therefore all the more insidious, ways. Mobilizing Michel Foucault’s concept of biopolitics, Jacques Lacan’s account of desire, and Lauren Berlant’s notion of cruel optimism, she analyzes the rationalization of intimacy, the persistence of gender stereotypes, and the pornification of heterosexual culture. Ruti shines a spotlight on the depression, anxiety, frustration, and disenchantment that frequently lie beneath our society’s sugarcoated mythologies of self-fulfillment, romantic satisfaction, and professional success, speaking to all who are concerned about the emotional costs of the pressure-cooker ethos of our age.