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For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce—including the professions—in large numbers, they are still expected to assume responsibility for the preponderance of society’s caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.
All men may be created equal in the United States - but more than 30 years after Congress proposed the Equal Rights Amendment, can the same be said for women? Elusive Equality offers a clear understanding of how government institutions - the executive branch, Congress, and state legislatures, as well as the federal courts - affect the legal status of women. Surveying the judicial and public policy issues central to the identification - and protection - of women's rights, Susan Mezey traces the developing legal parameters of gender equality. From early court rulings that prohibited employment discrimination and sexual harassment through today's decisions on reproductive rights and same-sex relationships, Mezey analyzes the broader political context within which critical judicial decisions have been made.
For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men-that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce-including the professions-in large numbers, they are still expected to assume responsibility for the preponderance of society's caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.
"On August 26, 1920, these words became part of the United States Constitution as its Nineteenth Amendment. The requisite thirty- six states had ratified the amendment in the year since its enactment by Congress on June 4, 1919. A revolution in women's rights, spanning over seventy years, came to a quiet conclusion as Secretary of State Bainbridge Colby signed the measure into law in the privacy of his home at eight o'clock in the morning.1 None of the prominent suffrage leaders of the day, including the National American Woman Suffrage Association (NAWSA) president, Carrie Chapman Catt; or the National Woman's Party (NWP) chair, Alice Paul, were at the signing.2 Catt was later invited to go to the State Department to see the proclamation, but no similar invitation was extended to the more militant Paul. Paul had been a thorn in the side of President Woodrow Wilson, with her White House picketing and willingness to be imprisoned for the vote.3 Ratification was followed by ten years of litigation- most of it in state courts- during which the meaning and scope of the Nineteenth Amendment was contested. In its most literal sense, the Nineteenth Amendment did not confer a "right" to vote per se. Rather, it simply prohibited the states or the federal government from using sex as a criterion for voter eligibility.4 In other words, its ratification meant that state and federal impediments to voting based on sex were now unconstitutional. It did not mean that all women in the United States could vote.5 As a matter of law, the Nineteenth Amendment meant that states could not prevent African American women from voting based solely on their sex. Yet vast numbers of African American women were prevented from voting in the November 1920 presidential election that followed on the heels of ratification.6 They faced the same impediments- poll taxes, literacy tests, grandfather clauses, and physical intimidation- used to prevent their male counterparts from voting after ratification of the Fourteenth and Fifteenth Amendments.7 Those amendments conferred citizenship on previously enslaved persons and barred state or federal restrictions on voting based on race, color, and previous condition of servitude"--
"Discusses the claim that understanding the legal world as plural is an important starting point to think about women's access to justice"--
Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women’s rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimké, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women’s rights in America and its critique of the movement’s current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family’s vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft’s thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women’s studies, constitutional law, and all readers interested in women’s rights.
In a changing world, how can we be sure that women as well as men entrepreneurs and workers obtain the benefit from these changes? Ensuring that women have the same legal opportunities as men is one part of the picture. By measuring where the law treats men and women differently, Women, Business and the Law shines a light on how women's incentives or capacity to work are affected by the legal environment and provides a basis for improving regulation. The fourth edition in a series, Women, Business and the Law 2016: Getting to Equal examines laws and regulations affecting women's prospects as entrepreneurs and employees in 173 economies, across seven areas: accessing institutions, using property, getting a job, providing incentives to work, building credit, going to court, and protecting women from violence. The report's quantitative indicators are intended to inform research and policy discussions on how to improve women's economic opportunities and outcomes.
The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland
Explains the adoption, diffusion of, and resistance to gender quotas in politics, corporate boards and public administration across Europe.