Download Free Gender Attitudes Of The Judiciary Book in PDF and EPUB Free Download. You can read online Gender Attitudes Of The Judiciary and write the review.

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges ́ schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.
Intended for use in courses on law and society, as well as courses in women's and gender studies, women and politics, and women and the law - this book that takes up the question of what women judges signify in several different jurisdictions in the United States, United Kingdom, and European Union. In so doing, its empirical case studies uniquely offer a model of how to study gender as a social process rather than merely studying women and treating sex as a variable. A gender analysis yields a fuller understanding of emotions and social movement mobilization, backlash, policy implementation, agenda setting, and representation. Lastly, the book makes a non-essentialist case for more women judges, that is, one that does not rest on women's difference.
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last 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. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. 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 7. 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 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. 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 Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
This dissertation examines the legal treatment of women and men in United States Supreme Court gender classification cases. Employing multi-methods research techniques, it investigates all judicial opinions and votes from the 50 gender classification cases the Court decided from 1971 to 2001. The quantitative component examines how and why justices construct gender--that is, assign roles, characteristics, and behaviors to women and men--as they do in all 145 majority, concurring, and dissenting opinions. It also examines the justices' votes in order to explain why they provide women and men the same rights and opportunities in some cases and not others. The qualitative part of the study employs small-N qualitative analyses to examine the influence of gender on judicial behavior. It draws on archival data and 67 semi-structured interviews in an effort to explain why gender affects female justices' decision making and whether female justices alter the behavior of their male colleagues. I argue that the legal treatment of women and men in the Supreme Court is driven by Court membership. It is a result of justices' gender and political ideology, as well as their personal experiences and relationships. I find that gender differences in judging resulted from gender differences in personal experiences. Female justices' experiences with sex discrimination instilled in them a belief that gender stereotypes and discrimination were unjust, so they sought to remove barriers restricting women's and men's opportunities. Male justices' personal experiences and relationships had a profound effect on their judging, so much so that serving with female justices had little impact on their gender attitudes. Instead, male justices' egalitarian attitudes were a product of their political ideologies and broader commitment to gender equality, or a result of familial influences and personal experiences. In short, judicial decision making in gender classification cases is largely due to who is on the Supreme Court. Justices are first and foremost influenced by their own attitudes and values, experiences, and relationships. These are the lenses through which justices approach cases and interpret and apply the law.
For the first time, a study of the ways in which judges respond to abused women.
Intended for use in courses on law and society, as well as courses in women’s and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Justice argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.