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An incisive exploration of representations in law of male sexuality, authority, paternity and men's violence in the family. This book is of central importance to our understanding of the social and political dimension of masculinity.
What does it mean to speak of ‘men’ as a gender category in relation to law? How does law relate to masculinities? This book presents the first comprehensive overview and critical assessment of the relationship between men, law and gender; outlining the contours of the ‘man’ of law across diverse areas of legal and social policy. Written in a theoretically informed, yet accessible style, Men, Law and Gender provides an introduction to the study of law and masculinities whilst calling for a richer, more nuanced conceptual framework in which men’s legal practices and subjectivities might be approached. Building on recent sociological work concerned with the relational nature of gender and personal life, Richard Collier argues that social, cultural and economic changes have reshaped ideas about men and masculinities in ways that have significant implications for law. Bringing together voices and disciplines that are rarely considered together, he explores the way ideas about men have been contested and politicised in the legal arena. Including original empirical studies of male lawyers, the legal profession and fathers’ rights and law reform, alongside discussions of university law schools and legal academics, and family policy and parenting cultures, this innovative, timely and important text provides a unique and important insight into the relationship between law, men and masculinities. It will be required reading for academics and students in law and legal theory, socio-legal studies, gender studies, sociology and social policy, as well as policy-makers and others concerned with the changing nature of gender relations.
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
The United States has the most family-hostile public policy in the developed world. Despite what is often reported, new mothers don’t “opt out” of work. They are pushed out by discriminating and inflexible workplaces. Today’s workplaces continue to idealize the worker who has someone other than parents caring for their children. Conventional wisdom attributes women’s decision to leave work to their maternal traits and desires. In this thought-provoking book, Joan Williams shows why that view is misguided and how workplace practice disadvantages men—both those who seek to avoid the breadwinner role and those who embrace it—as well as women. Faced with masculine norms that define the workplace, women must play the tomboy or the femme. Both paths result in a gender bias that is exacerbated when the two groups end up pitted against each other. And although work-family issues long have been seen strictly through a gender lens, we ignore class at our peril. The dysfunctional relationship between the professional-managerial class and the white working class must be addressed before real reform can take root. Contesting the idea that women need to negotiate better within the family, and redefining the notion of success in the workplace, Williams reinvigorates the work-family debate and offers the first steps to making life manageable for all American families.
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
This volume highlights important classic and contemporary works by law and society scholars who analyze the complex and often highly political relationship between law and families. Featuring authors from Australia, Canada, England and the United States, the volume looks at how socio-legal scholars think about families and the law, how law shapes family practices, the capacity of family law to deliver social justice and how family disputes are resolved. Topics such as law's role in recognizing spousal and parental relationships or promoting responsible behaviour or equality norms are covered and the relationship between law's assumptions and the lived realities of families is problematized.
Written by leading experts in the area, this volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory.