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Gender Is An Increasingly Prominent Aspect Of The Contemporary Debate And Discourse Around Law. It Is Curious That Gender, While Figuring So Centrally In The Construction And Organization Of Social Life, Is Nevertheless Barely Visible In The Conceptual Armoury Of Law. In The Jurisprudential Imagination Law Is Gender-less; As A Result Legal Scholarship For The Most Part Continues To Hold On To The View That Gender Plays Little Or No Role In The Conceptual Make-up, Normative Grounding, Or Categorical Ordering Of Law. The Official Position Is That The Idea Of Law And Legal Fundamentals Are, Or At Least Ought To Be, Gender-independent. This Book Challenges These Long-held Assumptions. Exploring The Relationship Between Law And Gender It Takes Gender As A Core Concept And Analytical Tool And Examines How Law Is Conceptualized, Organized, Articulated, And Legitimated. How Can Gender Be Given Meaning In Legal Texts, Doctrine, And Practices, And How Can Gender Operate Within The Law While Simultaneously Appearing To Be Outside It? The Relationship Between Gender And The Law Is Relevant To Virtually All Areas Of Law Including In Particular Criminal Law, Tort Law, Family Law, Employment Law, And Human Rights. Increasingly Issues Of Gender Are Perceived As The Concern Of All, Reflecting Broader Debates In The Law, Including Those Of Equality And Sexuality. Covering The Key Theoretical And Substantive Areas Of Jurisprudence, This Volume By Joanne Conaghan Will Be Essential Reading For All Interested In Gender Studies And Legal Theory More Widely. It Offers A Clear, Concise Introduction To Gender Studies And Central Feminist Concerns For A Legal Readership.
How does the conceptual framework of law maintain an illusion of gender-neutrality while simultaneously being structured by gendered norms? Joanne Conaghan, a scholar in legal theory, investigates the disconnect between the official jurisprudential stance that law is gender-independent and the reality of gender as a fundamental organizing principle of social life. The book argues that gender must be treated as a core analytical tool to understand how legal doctrine, practice, and legitimacy are constructed.
What You Will Find
Scope Limits
Scholars and students frequently cite this text as a foundational introduction to feminist legal theory and the intersection of gender studies with jurisprudence. Experts highlight the clarity of the prose, noting its utility for readers seeking to understand how gender operates beneath the surface of seemingly neutral legal doctrines.
Page Count:
272
Publication Date:
2013-01-01
Publisher:
Oup Oxford
ISBN-10:
0191651583
ISBN-13:
9780191651588