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Vol 22 No 12 Dec 17/Jan 18

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McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
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Gender and Justice

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ISBN13: 9780754620877
ISBN: 0754620875
Published: January 2003
Publisher: Routledge
Format: Hardback
Price: £180.00

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This title forms part of a series on Anglo-American legal theory. It explores the relationship between gender and justice. The essays have been drawn primarily from lawyers working in the common law tradition. However, work by non-lawyers has been included to assist with the definition of its basic terms. Some terms which are debated are ""gender"", ""woman"", ""man"", and ""human nature"". The aim is to scrutinize the deployment of these without losing the sense of practical reality.;The text considers the ""woman question"", that is, the gender bias experienced by women in all areas of life. To be a man is to see one's own sex largely in control of legal and political life. It points out that while it is difficult to make sense of the disadvantages experienced by women without taking into account the relative experiences of men, the reverse is not true. The study of male justice, though rarely delineated or designated thus, has rarely entailed the explicit study of men in relation to women.

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Part I The subject of justice: Iris Marion Young (1994) Gender as Seriality: Thinking about Women as a Social Collective; Carol Smart (1992) The Woman of Legal Discourse; Tricia Dearborn (1999) Proof; Mari J. Matsuda (1986) Liberal Jurisprudence and Abstracted Visions of Human Nature: A Feminist Critique of Rawls's Theory of Justice; Terrell Carver (1996) ""Public Man"" and the Critique of Masculinities. Part II The limits of formal enquiry: Stella Tarrant (1990) Something is Pushing Them to the Side of Their Own Lives: A Feminist Critique of Law and Laws; Ngaire Naffine (1994) ""Possession"" - Erotic Love in the Law of Rape; Judith Gardam (1997) Women and the Law of Armed Conflict - Why the Silence?; Radha Jhappan (1998) The Equality Pit or the Rehabilitation of Justice. Part III Distributive justice: Amartya Sen (1990) 100 Million Women are Missing; Martha C. Nussbaum (1992) Human Functioning and Social Justice - In Defence of Aristotelian Essentialism; Nicola Lacey (1992) Theories of Justice and the Welfare State; Nancy Fraser (1997) After the Family Wage - A Post Industrial Thought Experiment. Part IV The qualities of judgement: impartiality - Martha Minow (1992) Stripped Down Like a Runner or Enriched by Experience - Bias and Impartiality of Judges and Jurors; care - Carrie Menkel-Meadow (1985) Portia in a Different Voice - Speculations on a Women's Lawyering Process and Robin L. West (1996) Justice and Care; emotion - Kathleen Wallace (1993) Reconstructing Judgement - Emotion and Moral Judgement and Jennifer Nedelsky (1997) Embodied Diversity and the Challenges to Law; just punishment - Kathleen Daly (1989) Criminal Justice Ideologies and Practices in Different Voices - Some Feminist Questions about Justice, and Jean Hampton (1998) Punishment, Feminism and Political Identity - A Case Study in the Expressive Meaning of Law.