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Статті в журналах з теми "Feminist legal method"
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Abrams, Kathryn. "Feminist Lawyering and Legal Method." Law & Social Inquiry 16, no. 02 (1991): 373–404. http://dx.doi.org/10.1111/j.1747-4469.1991.tb00923.x.
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Charlesworth, Hilary. "Feminist Methods in International Law." American Journal of International Law 93, no. 2 (April 1999): 379–94. http://dx.doi.org/10.2307/2997996.
Повний текст джерелаАнотація:
I have mixed feelings about participating in this symposium as the feminist voice. On the one hand, I want to support the symposium editors’ attempt to broaden the standard categories of international legal methodologies by including feminism in this undertaking. On the other hand, I am conscious of the limits of my analysis and its unrepresentativeness—the particularity of my nationality, race, class, sexuality, education and profession shapes my outlook and ideas on international law. I clearly cannot speak for all women participants in and observers of the international legal system. I also hope that one day I will stop being positioned always as a feminist and will qualify as a fully fledged international lawyer. My reservations are also more general because presenting feminism as one of seven rival methodological traditions may give a false sense of its nature. The symposium editors’ memorandum to the participants encouraged a certain competitiveness: we were asked, “Why is your method better than others?” I cannot answer this question. I do not see feminist methods as ready alternatives to any of the other methods represented in this symposium. Feminist methods emphasize conversations and dialogue rather than the production of a single, triumphant truth.1 They will not lead to neat “legal” answers because they are challenging the very categories of “law” and “nonlaw.” Feminist methods seek to expose and question the limited bases of international law’s claim to objectivity and impartiality and insist on the importance of gender relations as a category of analysis. The term “gender” here refers to the social construction of differences between women and men and ideas of “femininity” and “masculinity”—the excess cultural baggage associated with biological sex.
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Williams, Susan H. "Legal Education, Feminist Epistemology, and the Socratic Method." Stanford Law Review 45, no. 6 (July 1993): 1571. http://dx.doi.org/10.2307/1229114.
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O'Rourke, Catherine. "Feminist Legal Method and the Study of Institutions." Politics & Gender 10, no. 04 (December 2014): 691–97. http://dx.doi.org/10.1017/s1743923x14000506.
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Rackley, Erika, and Rosemary Auchmuty. "The Case for Feminist Legal History." Oxford Journal of Legal Studies 40, no. 4 (2020): 878–904. http://dx.doi.org/10.1093/ojls/gqaa023.
Повний текст джерелаАнотація:
Abstract While we may be witnessing a highpoint of interest in the lives of early women lawyers, and women’s legal history generally, feminist legal history remains largely undeveloped in the UK. Drawing on examples of women’s representation in and engagement with law and law reform in the UK and Ireland, this article delineates the method, scope and purpose of feminist legal history. It begins by exploring the place of women in traditional accounts of legal history, before going on to consider the methodological and substantive goals of feminist legal history. We argue that feminist legal history is a political project, requiring its authors to commit not only to uncovering untold stories, but also to challenging and revising dominant historical narratives. We conclude with a call for scholars to take up the insights and methods of feminist legal history as a means of acknowledging and celebrating the agency of those involved in past and ongoing struggles for justice and equality.
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Hunter, Rosemary. "Analysing Judgments from a Feminist Perspective." Legal Information Management 15, no. 1 (March 2015): 8–11. http://dx.doi.org/10.1017/s1472669615000067.
Повний текст джерелаАнотація:
AbstractThis article, by Rosemary Hunter, is based on a presentation given at the national training day on ‘Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research’ in May 2014, jointly sponsored by the Institute of Advanced Legal Studies, the Socio-Legal Studies Association and the British Library. She begins by describing the uses of judgments as sources within feminist research on judging, and then outlines three different methods of analysis employed within this research: quantitative analysis, qualitative analysis, and the newest method, that of rewriting judgments.
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Beaman-Hall, Lori. "Abused Women and Legal Discourse: The Exclusionary Power of Legal Method." Canadian journal of law and society 11, no. 1 (1996): 125–39. http://dx.doi.org/10.1017/s0829320100004610.
Повний текст джерелаАнотація:
AbstractTraditional legal method continues to be one of the most unexplored aspects of the gendered nature of legal discourse. In this paper, I outline a number of problems legal method creates in relation to women's experiences, more specifically the ways in which legal method works, as part of legal discourse, to exclude abused women's stories. Expanding the conceptualization of legal method as a process which includes the more mundane and insidious aspects of the daily practice of law, this paper examines aspects of legal method which are often overlooked in feminist legal theory and research. The paper is intended as a beginning point for future discussion and empirical research and as such suggests the possible depth of the exclusionary practices of legal method and the harm suffered by women as a result. I conclude with a discussion of how women can subvert traditional legal method through the formulation of local solutions based on their own experiences.
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Fletcher, Ruth. "Cheeky Witnessing." Feminist Review 124, no. 1 (March 2020): 124–41. http://dx.doi.org/10.1177/0141778919896342.
Повний текст джерелаАнотація:
Feminists witness legal worlds as they observe, document and share nothing less than the reproduction of life itself. The world of the abortion trail, where people and things move across borders to change life’s reproduction, has generated a rich variety of legal sources, figures and objects for feminist witnessing. In watching how feminist activists improvise with sources, figures and objects of legal consciousness on the abortion trail, this article seeks to contribute to critical understanding of a plurality of witnessing practice, particularly as it emerges in diaspora space. Focusing on Murphy’s concept of immodest witnessing, with its attention to bodies, protocols and apparatuses as constituents of knowledge, the article thinks with the diasporic feminist performance group, Speaking of I.M.E.L.D.A., about how they used self-examination, collaboration and knowledge-sharing on the trail to repeal Ireland’s 8th Amendment. The article argues that their improvisation with legal consciousness of reproductive choice enacts ‘cheeky witnessing’. Cheeky witnessing has three dynamics as a method of observation. First, it is messy and irreverent in innovating with names to display the mixed genealogies of feminist knowledge. Second, cheeky witnessing generates novel subject-figures who make connections between different reproductive labourers as observers of the trail in diaspora space. Third, cheeky witnessing places funny objects, knickers in this instance, so as to join up particular public locations and make them more, if unevenly, comfortable for sexual and reproductive bodies. Cheeky witnessing shows us how committed and partial practices play a role in speaking across interests and experiences, in stretching the legal imagination and in sustaining the everyday grind of making a better world.
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Elkayam-Levy, Cochav. "A Path to Transformation: Asking “The Woman Question” in International Law." Michigan Journal of International Law, no. 42.3 (2021): 429. http://dx.doi.org/10.36642/mjil.42.3.path.
Повний текст джерелаАнотація:
Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and assumptions that shape and delimit our views about the exclusion of women’s experiences from this doctrine. Methods determine the ways within those limits by which we aim to assert truth claims, determine our possibilities and conclusions, and establish the grounds for legal reform. Our chosen method defines what we consider as evidence and what we accept as proof. Yet, it cannot guarantee a particular outcome or even the right one. Rather, it provides a sense of discipline in our analysis.
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Naffine, Ngaire. "In praise of legal feminism." Legal Studies 22, no. 1 (March 2002): 71–101. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00580.x.
Повний текст джерелаАнотація:
This paper reflects on the achievements of feminism within the legal academy. Rather than offer an encyclopaedic account of feminist legal scholarship, it seeks instead to define, in broad terms, the aims, the spirit and the methods of legal feminism, identifying the commonalities among feminist scholars. It suggests that it is the critical study of law as ‘a form of life’, to borrow from Wittgenstein, which perhaps best characterises the shared endeavour of legal feminists. The paper identifies the major intellectual and political difficulties encountered, and also engendered, by feminists in the course of their work, and it assesses the impact of feminism on mainstream jurisprudence.
Дисертації з теми "Feminist legal method"
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Edmundson, Joshua R. "THE ONE EXHIBITION THE ROOTS OF THE LGBT EQUALITY MOVEMENT ONE MAGAZINE & THE FIRST GAY SUPREME COURT CASE IN U.S. HISTORY 1943-1958." CSUSB ScholarWorks, 2016. https://scholarworks.lib.csusb.edu/etd/399.
Повний текст джерелаАнотація:
The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.
Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage in and encourage hateful and discriminatory practices against the LGBT community. Then, when the magazine was banned by the Post Office, the editors and staff took the federal government to court. As such, ONE, Incorporated v. Olesen became the first Supreme Court case in U.S. history that featured the taboo subject of homosexuality, and secured the 1st Amendment right to freedom of speech for the gay press. Thus, ONE magazine and its founders were an integral part of a small group of activists who established the foundations of the modern LGBT equality movement.
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Chieregato, Elisa. "The House as a Workplace: Challenging the Speciality of Domestic Work in Labour Law." Doctoral thesis, 2021. http://hdl.handle.net/11562/1053258.
Повний текст джерелаАнотація:
The thesis explores the contemporary legal treatment of domestic workers from a labour law perspective, shedding light on the role that labour law can play in either shaping or combatting the vulnerability of domestic workers. Drawing on insights from interdisciplinary literature, the thesis aims to shine a spotlight on an invisible and hitherto rather underexplored topic within labour law scholarship. After illustrating the significance of domestic workers in the contemporary globalised economy, the thesis focuses on the characteristics contributing to sustaining and entrenching the speciality of domestic work in contemporary labour law scholarship, i.e., its place in the private household and its association with traditionally gendered (and racialised) activities, which have been used to justify the exclusion of domestic workers from many labour law provisions. Against this background, the thesis contends that labour law can, on the contrary, play a role in proactively mitigating the vulnerability of domestic workers, as demonstrated by the historic adoption of the ILO Domestic Workers Convention, 2011 (No. 189), which reclaimed domestic work as ‘Work Like Any Other, Work Like No Other’. Likewise, the thesis argues that there has been a small yet significant shift in the EU policy approach towards domestic workers, which can represent a promising avenue to challenge exclusions within national labour law regimes. Finally, the thesis reflects on the implications of the debate on domestic work for the broader discussion of the re-conceptualisation of the boundaries of labour law in a post-industrial and post-pandemic world.
Книги з теми "Feminist legal method"
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Bhat, P. Ishwara. Idea and Methods of Legal Research. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199493098.001.0001.
Повний текст джерелаАнотація:
Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.
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Chakkalakal, Tess. Dred and the Freedom of Marriage. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036330.003.0003.
Повний текст джерелаАнотація:
This chapter examines the marriage plots running through Harriet Beecher Stowe's antislavery trilogy. Relying on the slave-marriage between George and Eliza, Uncle Tom's Cabin establishes two distinct marital categories: legal and nonlegal. Reading the opposition between slave and legal marriage plots in her subsequent antislavery novels, Dred: A Tale of the Great Dismal Swamp (1856) and The Minister's Wooing (1859), with a particular emphasis on the former, the chapter examines the ways in which Stowe's novels posit the slave-marriage as a method of reforming conventional religious-legal marriage. Wedding her argument against slavery to her critique of marriage, Stowe aligns her antislavery principles with her proto-feminist ideas.
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Singer, Abraham A. Toward a Relational Corporate Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698348.003.0010.
Повний текст джерелаАнотація:
This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed and pioneered by 20th-century feminist political and legal theorists, has a natural affinity with the norm-governance approach developed in previous chapters. While not always explicitly dealing with the specific questions that this book is concerned with, the framework and method of analysis that these scholars have developed for other branches of the law are useful for drawing out the implications of the norm-governance theory for questions of corporate law. Drawing on this tradition, this chapter sketches out what a relational approach to corporate law and business entails, the types of concerns it can help register, and some of the consequences this approach has for how firms and corporations are, and ought to be, structured. This includes a novel way of understanding corporate personality, fiduciary duty, limited liability, and at-will employment.
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Block, Sharon. Sexual Coercion in America. Edited by Ellen Hartigan-O'Connor and Lisa G. Materson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190222628.013.4.
Повний текст джерелаАнотація:
Sexual violence has a surprisingly static history, whether regarding methods of sexual assault, the relationship of sexual vulnerability to economic and social vulnerability, an underlying suspicion of women’s claims of sexual force, or an emphasis on physical violence as the only believable means of coercion. This chapter explores the legal, social, and cultural meanings of rape throughout US history from the seventeenth to the twenty-first century. It includes discussions of feminist activism, rape culture, racism, and the overall relationships between social power and sexual power. While legal treatment of sexual violence has changed over time, the ability for powerful men to coerce less powerful women into sexual acts remains a remarkably consistent feature of America’s social, economic, and cultural past and present.
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Krasas, Jackie. Still a Mother. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501754296.001.0001.
Повний текст джерелаАнотація:
This book traces the trajectories of mothers who have lost or ceded custody to an ex-partner. The book argues that these noncustodial mothers' experiences should be understood within a greater web of gendered social institutions such as employment, education, health care, and legal systems that shapes the meanings of contemporary motherhood in the United States. If motherhood means “being there,” then noncustodial mothers, through their absence, are seen as nonmothers. They are anti-mothers to be reviled. At the very least, these mothers serve as cautionary tales. The book questions the existence of an objective method for determining custody of children and challenges the “best-interests standard” through a feminist, reproductive justice lens. The stories of noncustodial mothers that the book relates shed light on marriage and divorce, caregiving, gender violence, and family court. Unfortunately, much of the contemporary discussion of child-custody determination is dominated either by gender-neutral discussions or, at the opposite end of the spectrum, by the idea that fathers are severely disadvantaged in custody disputes. As a result, the idea that mothers always receive custody has taken on the status of common sense. If this was true, as the book's author affirms, there would be no book to write.
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Waltman, Max. Pornography. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197598535.001.0001.
Повний текст джерелаАнотація:
This book assesses American, Canadian, and Swedish legal challenges to the explosive spread of pornography and its contribution to violence against women within their significantly different democratic systems and constructs a political and legal theory for effectively challenging the sex industry under law. The obstacles are exposed as more ideological and political than strictly legal, although they often play out in the legal arena. The pornography industry is documented to exploit vulnerable populations in making its materials. A thorough analytical review of empirical studies that use complementing methods demonstrates that using pornography substantially contributes to consumers becoming more sexually aggressive, on average desensitizing them and contributing to a demand for more subordinating, aggressive, and degrading materials. Consumers often wish to imitate pornography with unwilling partners; many demand sex from prostituted people, who have few or no alternatives. Most young men regularly consume pornography. Legal challenges to the harms are shown to be more effective under legal systems that promote equality and when the laws empower those most harmed, in contrast to state-enforced regulations (e.g., criminal obscenity laws). Drawing on feminist theory, among others, this book argues that pornography is among the linchpins of sex inequality, contending that a civil society forum can empower those harmed, with representatives who have more substantial incentives to address them. This book explains why democracies fail to address the harms of pornography and offers a political and legal theory for making the necessary changes. The insights can be applied to other intractable problems of hierarchy.
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Willison, Judith S., and Patricia O'Brien. Anti-Oppressive Social Work Practice and the Carceral State. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190076757.001.0001.
Повний текст джерелаАнотація:
Abstract This book attempts to chart a path toward transformative justice by using an anti-oppressive social work approach to resist the expansion of the carceral state. It critically examines strategies to shift punishment-centered practices to build collaborative partnerships and possibilities toward decarceration, health, and community power. We argue that it is crucial for social workers to recognize the unjust and ineffective logics of the criminal legal system, from violent policing to inhumane detention and imprisonment, to community surveillance, and including the loss of civil rights. The book offers a social work practice framework that encompasses an anti-oppressive stance, including antiracist and feminist principles, and a public health orientation. It centers anti-oppressive social work practice in and against the carceral state within its sociopolitical context, including structural racism, economic inequality, and the criminalization of mental illness. Methods for assessment and intervention and strategies for implementing diversion from the criminal legal system are described across both custodial and community settings. Recommendations advance anti-oppressive research and avenues to community accountability and safety. The book concludes with a critical discussion of transformative justice, including decarceration/abolitionist organizing and policy initiatives.
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Beck, Robert J., and Henry F. Carey. Teaching International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.309.
Повний текст джерелаАнотація:
The international law (IL) course offers a unique opportunity for students to engage in classroom debate on crucial topics ranging from the genocide in Darfur, the Israeli–Palestinian issue, or peace processes in Sri Lanka. A well-designed IL course can help students to appreciate their own preconceptions and biases and to develop a more nuanced and critical sense of legality. During the Cold War, IL became increasingly marginalized as a result of the perceived failure of international institutions to avert World War II and the concurrent ascent of realism as IR’s predominant theoretical paradigm. Over the past two decades, however, as IL’s profile has soared considerably, political scientists and students have taken a renewed interest in the subject. Today, IL teaching/study remains popular in law schools. As a general practice, most instructors of IL, both in law schools or undergraduate institutions, begin their course designs by selecting readings on basic legal concepts and principles. Once the basic subject matter and associated reading assignments have been determined, instructors typically move on to develop their syllabi, which may cover a variety of topics such as interdisciplinary methods, IL theory, cultural relativism, formality vs informality, identity politics, law and economics/public choice, feminism, legal realism, and reformism/modernism. There are several innovative approaches for teaching IL, including moot courts, debates, simulations, clinical learning, internships, legal research training, and technology-enhanced teaching. Another important component of IL courses is assessment of learning outcomes, and a typical approach is to administer end-of-semester essay-based examinations.
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Mendelman, Lisa. Modern Sentimentalism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198849872.001.0001.
Повний текст джерелаАнотація:
Modern Sentimentalism examines how American female novelists reinvented sentimentalism in the modernist period. Just as the birth of the modern woman has long been imagined as the death of sentimental feeling, modernist literary innovation has been understood to reject sentimental aesthetics. Modern Sentimentalism reframes these perceptions of cultural evolution. Taking up icons such as the New Woman, the flapper, the free lover, the New Negro woman, and the divorcée, this book argues that these figures embody aspects of a traditional sentimentality while also recognizing sentiment as incompatible with ideals of modern selfhood. These double binds equally beleaguer the protagonists and shape the styles of writers like Willa Cather, Edith Wharton, Anita Loos, and Jessie Fauset. ‘Modern sentimentalism’ thus translates nineteenth-century conventions of sincerity and emotional fulfillment into the skeptical, self-conscious modes of interwar cultural production. Reading canonical and underexamined novels in concert with legal briefs, scientific treatises, and other transatlantic period discourse, and combining traditional and quantitative methods of archival research, Modern Sentimentalism demonstrates that feminine feeling, far from being peripheral to twentieth-century modernism, animates its central principles and preoccupations.
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Harker, Christopher, and Amy Horton, eds. Financing Prosperity by Dealing with Debt. UCL Press, 2022. http://dx.doi.org/10.14324/111.9781800081871.
Повний текст джерелаАнотація:
In an era when many of us depend on debt to survive but struggle with its consequences, Financing Prosperity by Dealing with Debt draws together current thinking on how to solve debt crises and promote inclusive prosperity. By profiling existing action by credit unions and community organisations, alongside bold proposals for the future, with contributions from artists, activists and academics, the book shows how we can rethink the validity and inevitability of many contemporary forms of debt through organising debt audits, promoting debt cancellation and expanding member-owned co-operatives. The authors set out legal and political methods for changing the rules of the system to provide debt relief and reshape economies for more inclusive and sustainable flourishing. The book also profiles community-based actions that are changing the role of debt in economic, social and political life – among them, participatory art projects, radical advice networks and ways of financing feminist green transitions. While much of the research and activism documented here has taken place in London, the contributors show how different initiatives draw from and generate inspiration elsewhere, from debt audits across the global south, creative interventions around the UK and grassroots movements in North America. Financing Prosperity by Dealing with Debt moves beyond critique to present a wealth of concrete ways to tackle debt and forge the prosperous communities we want for the future.
Частини книг з теми "Feminist legal method"
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Padrón, Thais Guerrero, Ljubinka Kovačević, and Mª Isabel Ribes Moreno. "Labour Law and Gender." In Gender-Competent Legal Education, 583–630. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_17.
Повний текст джерелаАнотація:
AbstractThe chapter presents an overview of key labour law institutions, aiming at discussing the importance of the gender perspective in labour law. Therefore, the introductory section of the chapter will put this issue into the context of historical and conceptual framework genesis of regulating employment relationships. These issues are connected with the legal subordination and economic dependence of employees, which produce the need to create and implement norms that protect employees, as a weaker party to the employment relationship. This includes the limitation of employers’ (managerial, normative and disciplinary) prerogatives, in order to create the conditions for effective enjoyment of the right of jobseekers and employees for protection against gender-based discrimination. The labour law is, in this regard, traditionally conceived according to the model of a male worker, who is employed on the basis of a standard employment contract (open-ended full time employment contract). This then results in a failure to recognise or provide sufficient consideration of the specific needs that women have as participants in the labour market. The use of the feminist method, which included the understanding of gender as an analytical category in the field of labour law, opened up a new set of labour law issues. For example, in easing the ban on women working in physically demanding jobs, and the conceptualisation of the need to reconcile the professional and family duties of employees.. On the other hand, contemporary labour law, when creating conditions for achieving gender equality, is aimed primarily at women’s empowerment in the world of work. Persisting with this approach can lead to an oversimplified understanding of the principle of gender equality, ignoring the special needs of men in the world of work, as well as ignoring the importance of their role for consistent implementation of the principle of gender equality and women’s empowerment. The second section of the chapter will provide analysis of gender-based discrimination during the hiring process. Other sections will cover the risk of gender-based discrimination regarding rights, obligations and duties deriving from employment relationship, labour law measures to encourage improvements in the occupational safety and health, work-life balance for parents and caregivers, sexual harassment at work and promotion of gender equality in collective labour law.
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Saeidzadeh, Zara. "Gender Research and Feminist Methodologies." In Gender-Competent Legal Education, 183–213. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_6.
Повний текст джерелаАнотація:
AbstractThis chapter is structured around the issue of gender research and what it means to conduct research with a gender perspective. Thus, it discusses research methodologies inspired by feminist ontological and epistemological approaches. Drawing on feminist standpoint theory, situated knowledge, feminist poststructuralism and intersectionality, the chapter shows how feminist scholars, especially feminist legal scholars, have adopted feminist epistemologies in challenging gender inequalities in law and society. The chapter draws on legal methods combined with feminist social theories that have assisted feminist scholars to go about legal reforms. Furthermore, focusing on qualitative methods, the chapter explains some of the methods of data collection and data analysis in gender research which have been applied interdisciplinarily across social science and humanities studies. The last part of the chapter concentrates on practical knowledge about conducting gender research that is informed with feminist epistemologies and methodologies. Finally, through some exercises, the students are given the opportunity to design and outline a gender research plan with a socio-legal approach.
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Hunter, Rosemary. "Feminist approaches to socio-legal studies." In Routledge Handbook of Socio-Legal Theory and Methods, 260–72. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-19.
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MacKinnon, Catharine A. "Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence [1983]." In Feminist Legal Theory, 181–200. Routledge, 2018. http://dx.doi.org/10.4324/9780429500480-11.
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Bhat, P. Ishwara. "Methodology of Feminist Legal Research." In Idea and Methods of Legal Research, 556–98. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199493098.003.0017.
Повний текст джерелаАнотація:
Feminist legal research involves an integrated method of research focusing on the problems of women in relation to law and legal system. It brings to the surface the subjugated knowledge about women’s experience, asks the woman question, raises consciousness for social transformation and initiates remedial action. The goal of feminist legal research is serving the interests of women by using inductive reasoning. It has historical background which became intensive since 1970s. A sound understanding of feminist perspective supports this kind of research. Various steps include asking the woman question, feminist practical reasoning, consciousness-raising action, and building of feminist knowledge. The latter in turn entails methods of rational empirical position, standpoint feminism, and post modernism. Since truth is a matter of one’s position and differs from person to person, various viewpoints should be considered. Reading between the lines, interdisciplinary approach and use of multi-method help this kind of research.
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"Feminism and Legal Method: The Difference It Makes." In At the Boundaries of Law (RLE Feminist Theory), 303–20. Routledge, 2013. http://dx.doi.org/10.4324/9780203094112-28.
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Russo, Ann. "Shifting Paradigms to End Violence." In Feminist Accountability, 85–109. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9780814777169.003.0005.
Повний текст джерелаАнотація:
This chapter explores feminist-of-color led efforts to shift the feminist-informed and institutionalized approach to sexual and intimate violence that is now practiced in social service and legal advocacy agencies, with an exclusive reliance on the criminal legal system as a method of accountability for the perpetuation of violence. Since the early 2000s, the critical engagement of this institutionalization gained momentum with the innovative approaches of community accountability and transformative justice that (re)politicize feminist work to end violence. In this chapter, I illustrate how community accountability and transformative justice approaches shift the focus and direction of antiviolence efforts from social services and legal advocacy to community-based movement building, from viewing violence as a problem of individual conflict to one rooted in systems of oppression, from agency expertise to community-based knowledge and leadership, and from punishment to accountability. In the chapter, I draw from the work of many scholars, community organizers, and activists as well as projects and organizations.
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Bhat, P. Ishwara. "Empirical Legal Research." In Idea and Methods of Legal Research, 303–25. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199493098.003.0010.
Повний текст джерелаАнотація:
This chapter discusses the use and merits of empirical legal research as an evidence-based method of conducting research that systematically carries out the task of unearthing, analysing, and interpreting facts in relation to law and its functioning. This method, presupposing that scientific device, rather than tradition, shall determine the establishment and functioning of legal postulates, illuminates the working of the legal system, its weaknesses and strengths as revealed in social facts. This chapter discusses this method use of interdisciplinary research and focus on the grass-roots level of legal process. Finally, it discusses the applicability of this kind of research in policy, action, and feminist research, its successful application in the domain of public law, family law, criminal law, environmental law, legal procedure, and alternative dispute resolution.
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"Catharine A. MacKinnon, “Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence,” 8 Signs: Journal of Women, Culture, and Society 635 (1983)." In The Canon of American Legal Thought, 869–86. Princeton University Press, 2007. http://dx.doi.org/10.1515/9780691186429-022.
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Tanqueray, Laetitia, and Stefan Larsson. "What Norms Are Social Robots Reflecting? A Socio-Legal Exploration on HRI Developers." In Social Robots in Social Institutions. IOS Press, 2023. http://dx.doi.org/10.3233/faia220630.
Повний текст джерелаАнотація:
By relying on theory from sociology of law and data feminism, this study showcases the norms guiding development in human-robot interaction. This qualitative study consists of an ethnography of the HRI conference 2021 and expert interviews which were merged and analysed using an ethnographic content analysis method on NVivo. The socio-legal data feminist lens enables to pinpoint the lack of clear legal involvement, the reliance on the HRI community to develop, and the normative impact this has on the overall development of social robots. This study not only aims to showcase the vital role of HRI developers, but also the need for more critical scholars in this area.