Feminist Legal Theory

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Vanessa King - One of the best experts on this subject based on the ideXlab platform.

Zulfatun Nimah - One of the best experts on this subject based on the ideXlab platform.

  • The Violation on Women’s Rights in the Unilateral Divorce in Sasak Community From A Feminist Legal Theory
    AL-IHKAM: Jurnal Hukum & Pranata Sosial, 2018
    Co-Authors: Zulfatun Nimah
    Abstract:

    For giving Legal protection to both of husband and wife, Indonesian Marriage Act 1/1974 regulate that a divorce should be done in the court. However, until recently there are many Sasak men still divorced their wives by unilateral statement only, not through trial process in the court. From a Feminist Legal Theory perspective, the practice of unilateral divorce was susceptible to violate women’s right because empirically the living law in the community is generally formulated by male figures, using man perspective and aim for perpetuate men power. This research aims to describe and analyse the forms of violation of the rights of Sasak women who was unilaterally divorced by her husband. This research is a type of empirical Legal research using qualitative approach. Primary data is taken from the subject of research, by in-depth interview technique and non-participatory observation. The result of research shows that there are four types of violation on women’s rights who are divorced by their husband, namely: a) not getting mut’ah (competation of divorce) and basic necessity during ` iddah ; b) not getting the settlement for mahr ; c) not getting the share of community property; and d) not having certain marital status. Base on this result, it is very important to conduct a Legal literacy program for Sasak community for make them  not divorce unilaterally anymore.

  • the violation on women s rights in the unilateral divorce in sasak community from a Feminist Legal Theory
    AL-IHKAM: Jurnal Hukum & Pranata Sosial, 2018
    Co-Authors: Zulfatun Nimah
    Abstract:

    For giving Legal protection to both of husband and wife, Indonesian Marriage Act 1/1974 regulate that a divorce should be done in the court. However, until recently there are many Sasak men still divorced their wives by unilateral statement only, not through trial process in the court. From a Feminist Legal Theory perspective, the practice of unilateral divorce was susceptible to violate women’s right because empirically the living law in the community is generally formulated by male figures, using man perspective and aim for perpetuate men power. This research aims to describe and analyse the forms of violation of the rights of Sasak women who was unilaterally divorced by her husband. This research is a type of empirical Legal research using qualitative approach. Primary data is taken from the subject of research, by in-depth interview technique and non-participatory observation. The result of research shows that there are four types of violation on women’s rights who are divorced by their husband, namely: a) not getting mut’ah (competation of divorce) and basic necessity during ` iddah ; b) not getting the settlement for mahr ; c) not getting the share of community property; and d) not having certain marital status. Base on this result, it is very important to conduct a Legal literacy program for Sasak community for make them  not divorce unilaterally anymore.

Vanessa E. Munro - One of the best experts on this subject based on the ideXlab platform.

  • The Ashgate Research Companion to Feminist Legal Theory
    2020
    Co-Authors: Margaret Davies, Vanessa E. Munro
    Abstract:

    Contents: Editors' introduction, Margaret Davies and Vanessa E. Munro Part I Theoretical Questions in Feminist Legal Theory: Contesting the dominant paradigm: Feminist critiques of liberal Legalism, Rosemary Hunter Feminism, law and materialism: reclaiming the 'tainted' realm, Joanne Conaghan Freedom, power, and agency in Feminist Legal Theory, Nancy J. Hirschmann Law's truths and the truth about law: interdisciplinary refractions, Margaret Davies. Part II Concepts in Feminist Legal Theory: Equality and difference: fertile tensions or fatal contradictions for advancing the interests of disadvantaged women?, Elsje Bonthuys 'What a long, strange trip it's been': Feminist and queer travel with sex, gender and sexuality, Sharon Cowan Theorizing race, theorizing racism: new directions in interdisciplinary scholarship, Jennifer C. Nash Feminists rethink multiculturalism: resisting essentialism and cross-cultural hypocrisy, Sarah Song In the name of God? Religion and Feminist Legal Theory, Samia Bano. Part III Issues in Feminist Legal Theory: Gender and terrain: Feminists theorize citizenship, Margot Young International human rights law: towards rethinking sex/gender dualism, Diane Otto A new frontline for feminism and international humanitarian law, Judith Gardam Violence against women, 'victimhood' and the (neo)liberal state, Vanessa E. Munro The body, bodies, embodiment: Feminist Legal engagement with health, Marie Fox and Therese Murphy Motherhood and law: constructing and challenging normativity, Susan B. Boyd Marriage and civil partnership: law's role, feminism's response, Rosemary Auchmuty Gendered power over taxes and budgets, Asa Gunnarsson From women and labour law to putting gender and law to work, Judy Fudge Gender, justice and law in a global market, Ann Stewart Women, migration and the constitutional underpinning of the European Union, Patricia Tuitt Ecofeminism and the environment: international law and climate change, Karen Morrow Index.

  • research companion to Feminist Legal Theory
    2013
    Co-Authors: Vanessa E. Munro
    Abstract:

    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.

  • Resemblances of identity: Ludwig Wittgenstein and contemporary Feminist Legal Theory
    Res Publica, 2006
    Co-Authors: Vanessa E. Munro
    Abstract:

    In a context in which there is manifest multiplicity in women’s daily lives, Feminists have struggled to identify what it uniquely means to be a woman, without falling prey to charges of essentialism. Conscious, however, of the role which collective gender identity plays in providing coherence and motivation to Feminist activity, a number of theorists have sought to find a way to retain group cohesion in the face of internal diversity. In this article, the merits and demerits of pre-existing attempts in this regard will be discussed. Having done so, an alternative approach, which builds on Wittgenstein’s concept of ‘family resemblances’, will be put forward and defended.

Martha Albertson Fineman - One of the best experts on this subject based on the ideXlab platform.

  • exploring masculinities Feminist Legal Theory reflections
    2013
    Co-Authors: Martha Albertson Fineman, Michael Thomson
    Abstract:

    Contents: Introduction, Martha Albertson Fineman and Michael Thomson Part I Feminist Legal Theory and Masculinities and Law: Asking the man question: masculinities analysis and Feminist Theory, Nancy E. Dowd Feminisms and masculinities: questioning the lure of multiple identities, Martha Albertson Fineman. Part II Deconstructing Masculinity in Location: Martyred women and humiliated men, Roja Fazaeli Colonial optics dancehall and Legal imperatives against the 'unnatural', Camille A. Nelson Toward multidimensional masculinities Theory: policing Henry Louis Gates, Frank Rudy Cooper. Part III Confronting Law: HIV/AIDS and male circumcision: discourses of race and masculinity, Marie Fox and Michael Thomson The challenge of pleasure: let's talk about sex in Feminist and masculinity studies theorizing, Chris Beasley Gender, masculinities and transition in conflicted societies, Fionnuala Ni Aolain, Naomi Cahn and Dina Haynes Migrating and mutating masculinities in institutional law reforms, Jamie R. Abrams. Part IV Education: Thinking through the 'boy crisis': from multiple masculinities to intersectionality, Juliet A. Williams No boy left behind? Single-sex education and the essentialist myth of masculinity, David S. Cohen. Part V Work: Masculinities and disparate impacts, Ann C. McGinley Masculinities narratives and Latino immigrant workers: a case study of the Las Vegas residential construction trades, Leticia M. Saucedo and Maria Cristina Morales. Part VI Family: On masculinities, law, and family practices: a case study of fathers' rights and gender, Richard Collier Taking custody of motherhood: fathers' rights activists and the politics of parenting, Jocelyn Elise Crowley To be male: homophobia, sexism, and the production of 'masculine' boys, Clifford J. Rosky Bibliography Index.

  • Feminism, masculinities and multiple identities
    Nevada Law Journal, 2013
    Co-Authors: Martha Albertson Fineman
    Abstract:

    Masculinities scholarship could be seen as distinct from and complementary to Feminist Theory — an independent and parallel companion Theory, developed by men. In this regard, from a Feminist’s perspective masculinities scholarship might be thought of as ethnography, helpfully providing insights into the operations and assumptions of a distinct masculine culture. This approach would seem to validate the notion that there are significant differences between men’s and women’s experiences and perspectives, and consideration of both is necessary to form a complete Legal Theory picture. Feminist Legal Theory and masculinities Theory are thus seen as both contrasting and complementary in nature.On the other hand, masculinities scholarship can be understood as providing the basis for a critique of Feminist Legal Theory. This approach begins with the allegation that Feminist Legal Theory generally and incorrectly treats men as a monolithic group when there is in fact a multiplicity of male identities. Masculinities scholarship, in this framing, could be categorized as the male-focused companion to critiques that have been made over the past thirty years that Feminist Legal Theory is excluding and essentializing. It is this understanding of the significance of masculinities to Feminist Legal Theory that prompted this Essay.

  • Transcending the boundaries of law : generations of feminism and Legal Theory
    2010
    Co-Authors: Martha Albertson Fineman
    Abstract:

    Introduction, Martha Albertson Fineman Section One: From Women in the Law to Feminist Legal Theory 1. "Le Feminisme" and Professionalism in Law: Reflections on the History of Women Lawyers, Mary Jane Mossman 2. An Inconsistent Affair: Feminism and the Legal Academy, Margaret Thornton 3. Have Pantsuit, Will Travel, Patricia J. Williams 4. Grappling with Equality: One Feminist Journey, Martha Albertson Fineman Section Two: Engaging Equality 5. What's So Hard About Sex Equality?: Nature, Culture, and Social Engineering, Linda C. McClain 6. No Male or Female, Mary Anne Case 7. The New Faces of Feminism: Feminism in Action and Organic Feminists in a Post-Feminist Era, Michele Alexandre Section Three: Engaging Bodies 8. Feminist Legal Theory as Embodied Justice, Isabel Karpin and Roxanne Mykitiuk 9. Privatization and Punishment in the New Age of Reprogenetics, Dorothy E. Roberts 10. A Tale of Two Bodies: The Male Body and Feminist Legal Theory, Michael Thomson Section Four: Engaging Universals and Engaging Identities 11. The Vulnerable Subject: Anchoring Equality in the Human Condition, Martha Albertson Fineman 12. Resistance in the Afterlife of Identity, Darren Lenard Hutchinson 13. Gender Equality, Citizenship Status, and the Politics of Belonging, Siobhan Mullally Section Five: Engaging Intimacy and Family 14. When and Where They Enter, Robin West 15. New Frontiers in Family Law, Laura T. Kessler 16. Family Law, Feminist Legal Theory, and the Problem of Racial Hierarchy, Twila L. Perry 17. Living Alone: New Demographic Research, Adam P. Romero Section Six: Engaging the State 18. Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice, Fionnuala Ni Aolain 19. Prosecuting Sexual Violence in the Ad Hoc International Criminal Tribunals for Rwanda and the Former Yugoslavia, Fiona de Londras 20. Theorizing the More Responsive State: Transcending the (National) Boundaries of Law, Laura Spitz Section Seven: Engaging Politics 21. Gender Scripting and Deliberative Democracy, Holning Lau 22. The Accidental Feminist: A Story of Transformation, Constitutional and Otherwise, Victoria F. Nourse 23. Defending and Developing Critical Feminist Theory as Law Leans Rightward, Martha T. McCluskey

  • gender and law Feminist Legal Theory s role in new Legal realism
    2005
    Co-Authors: Martha Albertson Fineman
    Abstract:

    The “New Legal Realism” envisions a reconfiguration of the relationship between law, social Theory, and policy. A crucial step in bringing together these divergent areas is provided by Theory, both in explaining empirical data about social change and in using that information to create new Legal policy. This article uses Feminist research as a model for bridging together social science with Legal Theory that will be crucial for formulating a new Legal realist paradigm. Through an outline of feminism as a discipline, this paper describes the points of convergence and the differences among Feminist scholars across two different methods of approach. These methods, emphasizing the similarities between genders and building upon the concept of gender difference show where Feminist Legal Theory has performed the mediating role between findings of social science and policy changes. Feminist researchers have often analyzed the cultural assumptions embedded in scholarly and Legal studies to question the natural character of received categories. This critical analysis can be carried further to provide new perspectives from which to formulate family law and policy. Additionally, this perspective allows scholars to move past ideological impasses. Finally, this paper argues that careful thought must be given to the role that Theory will play in the new Legal realist synthesis of law, social science, and public policy.

  • Feminist Legal Theory
    2005
    Co-Authors: Martha Albertson Fineman
    Abstract:

    Feminism is not anchored in any one discipline. IT presents a Theory of gender and challenges the assertions and assumptions of gender-neutrality and objectivity in received disciplinary knowledge. Because gender is theoretically relevant to almost all human endeavors, it is also relevant to almost all disciplines.This paper discusses some of the diverging viewpoints of feminism in approaching the study and critique of the law. Part I highlights the schism in feminism surrounding gender difference. Some Feminists viewed acknowledging gender difference as essential to confront facially neutral rules that could nonetheless generate inequalities. Others feared that highlighting gender difference could be counterproductive, and thus focused on gender neutrality to combat discrimination.Part II discusses the divergent ways in which feminism engages the public/private dichotomy, particularly in relation to dependency.

Kate Sutherland - One of the best experts on this subject based on the ideXlab platform.

  • The Promise and Perils of Marxism for Feminist Legal Theory
    2020
    Co-Authors: Kate Sutherland
    Abstract:

    Catherine MacKinnon, perhaps the dominant voice of North American Feminist Legal Theory over the last two decades, developed her Feminist Theory of law through an extended meta- phor with Marxism. Marxist thought thus became thoroughly intertwined with MacKinnon's particular brand of radical femi- nism in the minds of many Feminist Legal scholars and activists. As MacKinnon's work has fallen out of favor in recent years, largely as a result of criticisms leveled against it from postmodern and critical race Feminist perspectives, so too has the work of Marx. Setting MacKinnon's Towards a Feminist Theory of the State side by side with Volume I of Capital, and offering a critique of the use she made of Marx's work, reveals the continued relevance of Marxism to Feminist Legal scholarship and activism.

  • marx and mackinnon the promise and perils of marxism for Feminist Legal Theory
    Science & Society, 2005
    Co-Authors: Kate Sutherland
    Abstract:

    Catherine MacKinnon, perhaps the dominant voice of North American Feminist Legal Theory over the last two decades, developed her Feminist Theory of law through an extended metaphor with Marxism. Marxist thought thus became thoroughly intertwined with MacKinnon’s particular brand of radical feminism in the minds of many Feminist Legal scholars and activists. As MacKinnon’s work has fallen out of favor in recent years, largely as a result of criticisms leveled against it from postmodern and critical race Feminist perspectives, so too has the work of Marx. Setting MacKinnon’s Towards a Feminist Theory of the State side by side with Volume I of Capital, and offering a critique of the use she made of Marx’s work, reveals the continued relevance of Marxism to Feminist Legal scholarship and activism.

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