Feminist Perspectives On Public Law

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.

Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. It has also been taught and analysed as if criminal law doctrine has no connection with questions of criminalisation,crime detection, decisions to charge and prosecute, lawyers trial tactics, decisions as to guilt and sentencing policy and practice, all of which are significantly affected by gender.This book seeks to fill these gaps by looking at the major areas in which gender affects the way that suspected criminals and their victims are treated by the criminal justice system. However, this book is not just a supplement to traditional criminal law discourse. It is a dangerous supplement, in that the focus on gender challenges laws claim to neutrality and even-handed justice.The essays in this book establish that, not only does the law frequently fail to offer women the sort of protection from male violence and sexual invasion that they need, but it continues to discriminate on grounds of gender. Even when discriminating in favour of women, it does so in ways that reinforce dangerous gender stereotypes. More specifically, both criminal law doctrine and criminal justice personnel apply and reinforce ideas, on the one hand, of female passivity, irrationality and proneness to illness, and, on the other, of natural male aggression - both physical and sexual.

The essays in this volume fall within a chapter on one of the foundational law subjects on the degree syllabus, and aim to provide an account of feminist approaches to each of the following areas: contracts, torts, land law, equity and trusts, criminal law, public law, and European law.

Feminist perambulations : taking the law for a walk in land / by Anne Bottomley and Hilary Lim -- National nature reserves : nature as other confined / by Sue Elworthy -- Ancient monuments of national importance : symbols of whose past? / by Penny English -- A trip to the mall : revisiting the public/private divide / by Anne Bottomley -- Scapegoating and the legal landscape : homeless women and the law / by Rosy Thornton -- Women's work : locating gender in the discourse of anti-social behaviour / by Helen Carr -- Women travellers and the paradox of the settled nomad / by Margaret Greenfields and Robert Home -- 'Land doesn't come from your mother, she didn't make it with her hands?' : challenging matriliny in Papua New Guinea / by Melissa Demian -- Unfair shares for women : the rhetoric of equality and the reality of inequality / by Rosemary Auchmuty -- The shared home : a rational solution through statutory reform? / by Simone Wong -- Networking resources : a gendered perspective on Kwena women's property rights / by Anne Griffiths -- Accidental Islamic feminism : dialogical approaches to muslim women's inheritance rights / by Hilary Lim and Siraj Sait.

Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

The essays in this volume fall within a chapter on one of the foundational law subjects on the degree syllabus, and aim to provide an account of feminist approaches to each of the following areas: contracts, torts, land law, equity and trusts, criminal law, public law, and European law. The text uses historical and comparative analysis, political philosophy, legal theory and different literary styles to explore both law and feminist theory.

Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.

‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.

Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..