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Feminist Perspectives on Tort Law

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Release : 2012
Genre : Law
Kind : eBook
Book Rating : 203/5 ( reviews)

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Book Synopsis Feminist Perspectives on Tort Law by : Janice Richardson

Download or read book Feminist Perspectives on Tort Law written by Janice Richardson. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: Feminist Perspectives on Tort brings together acknowledged experts in these two areas to pursue a distinctly feminist approach to the major areas of tort law.

Feminist Perspectives on The Foundational Subjects of Law

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Release : 1996-03-13
Genre : Law
Kind : eBook
Book Rating : 554/5 ( reviews)

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Book Synopsis Feminist Perspectives on The Foundational Subjects of Law by : Anne Bottomley

Download or read book Feminist Perspectives on The Foundational Subjects of Law written by Anne Bottomley. This book was released on 1996-03-13. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Feminist Judgments: Rewritten Tort Opinions

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Release : 2020-12-10
Genre : Law
Kind : eBook
Book Rating : 447/5 ( reviews)

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Book Synopsis Feminist Judgments: Rewritten Tort Opinions by : Martha Chamallas

Download or read book Feminist Judgments: Rewritten Tort Opinions written by Martha Chamallas. This book was released on 2020-12-10. Available in PDF, EPUB and Kindle. Book excerpt: By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

Feminist Legal Theory and Tort Law

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Release : 2018
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Feminist Legal Theory and Tort Law by : Martha Chamallas

Download or read book Feminist Legal Theory and Tort Law written by Martha Chamallas. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: Tort law in the US has failed to provide adequate protection against gender-related harms that disproportionately affect women. Because of the imposition of doctrinal and other restrictions on recovery, there is no reliable means of tort compensation for victims of domestic violence, rape and sexual assault. Only a small number of intentional tort cases have been brought directly against offenders, mainly leaving the criminal law to deal the problem. Although more negligence suits have been brought against institutional defendants for failure to prevent sexual violence, the developing law has not yet had an appreciable effect on cases of domestic violence or acquaintance rape. In the realm of reproductive harms affecting pregnancy, childbirth, and fertility, tort protection has also been precarious, with claims of women and other plaintiffs relegated to the disfavored tort of negligent infliction of emotional distress. The chapter connects these recent developments to feminist theory.

Feminist Perspectives on Criminal Law

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Release : 2013-03-04
Genre : Law
Kind : eBook
Book Rating : 713/5 ( reviews)

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Book Synopsis Feminist Perspectives on Criminal Law by : Lois Bibbings

Download or read book Feminist Perspectives on Criminal Law written by Lois Bibbings. This book was released on 2013-03-04. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law has traditionally been taught and analysed as if the gender of criminals and their victims is irrelevant. It has also been taught and analysed as if criminal law doctrine has no connection with questions of criminalisation,crime detection, decisions to charge and prosecute, lawyers trial tactics, decisions as to guilt and sentencing policy and practice, all of which are significantly affected by gender.This book seeks to fill these gaps by looking at the major areas in which gender affects the way that suspected criminals and their victims are treated by the criminal justice system. However, this book is not just a supplement to traditional criminal law discourse. It is a dangerous supplement, in that the focus on gender challenges laws claim to neutrality and even-handed justice.The essays in this book establish that, not only does the law frequently fail to offer women the sort of protection from male violence and sexual invasion that they need, but it continues to discriminate on grounds of gender. Even when discriminating in favour of women, it does so in ways that reinforce dangerous gender stereotypes. More specifically, both criminal law doctrine and criminal justice personnel apply and reinforce ideas, on the one hand, of female passivity, irrationality and proneness to illness, and, on the other, of natural male aggression - both physical and sexual.

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