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Vol 21 No 10 Oct/Nov 2016

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Justice and Gender New ed

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Deborah L. RhodeProfessor of Law and Director, Institute for Research on Women and Gender, Stanford University, USA

ISBN13: 9780674491014
ISBN: 0674491017
Published: September 1991
Publisher: Harvard University Press
Format: Paperback
Price: £36.95



This provides an investigation of gender and the law in the United States. The author describes legal developments over the past two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments.;She shows the way cultural perceptions of gender influence, and in turn are influenced by, legal constructions, and what this complicated interaction implies about the possibility - or impossibility - of using law as a tool of social change.

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Contents:
Part 1 Historical frameworks: natural rights and natural roles - domesticity as destiny, the emergence of a feminist movement, nineteenth-century legal ideology - separate and unequal; the fragmentation of feminism and the legalization of difference - the postsuffrage women's movement, separate spheres and legal thought.
Part 2 Equal rights in retrospect: feminist challenges and legal responses - the growth of the contemporary women's movement, governmental rejoinders, liberalism and liberation; the equal rights campaign - instrumental claims, symbolic underpinnings, political strategies, requiems and revivals; the evolution of discrimination doctrine - the search for standards, separate spheres revisited - Bona fide occupational qualifications, definitions of difference.
Part 3 Contemporary issues: false dichotomies - benign and invidious discrimination in welfare policy - elderly women and social security, special treatment or equal treatment - pregnancy, maternal and caretaking policy, public and private - social welfare and childcare policies; competing perspectives on family policy - form and substance - the marital-nonmarital divide, lesbian-gay rights and social wrongs, equality and equity in divorce reform, text and subtext in custody adjudication; equality in form and equality in fact - women and work - occupational inequality, the legal response, employment policy and structural change; reproductive freedom - the historical legacy, abortion, adolescent pregnancy, reproductive technology; sex and violence - sexual harassment, domesticated violence, rape, prostitution, pornography; association and assimilation - private clubs and public values, education, athletics, different but equal; conclusion - principles and priorities - differences over difference, differences over sameness, theory about theory, legal frameworks.