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Have Canadian women gained from their pursuit of legal remedies to social, political, economic, and cultural inequalities? Is law a fruitful avenue for such struggles? Using liberal feminist, postmodern, critical, race, and queer theory, these essays confront the anti-rights critiques of the legal Left regarding the use of law in general and the Charter in particular. Several chapters explicitly examine the strategic limits and possibilities of the substantive equality rights approaches pursued by LEAF (The Women's Legal Education and Action Fund). Others focus on legal strategies mobilized in discreet areas of law and public policy by foreign domestic workers and racialized women, lesbians, women seeking reproductive freedom, women in the childcare movement, and anti-violence advocates. Recognizing the diversity of women across class, citizenship, race and ethnicity, sexual identity, culture, and (dis)ability, this collection evaluates the efficacy of the wide range of legal and political strategies women have employed, particularly in this post-Charter era. Women's Legal Strategies in Canada is the most comprehensive account of these important issues and will surely become the standard work in the field.
The leading articles on gender and justice within Anglo-American legal theory are assembled in this volume. The essays are drawn primarily from the writings of lawyers working in the common law tradition and they mainly examine the justice of legal institutions. Due to the close kinship between political and legal theories of justice, the book also includes a selection of the work of the more prominent political theorists of justice and gender.
This popular textbook offers a thorough and accessible approach to Canadian Studies through comparative analyses of Canada and the United States, their histories, geographies, political systems, economies, and cultures. Students and professors alike acknowledge it as an ideal tool for understanding the close relationship between the two countries, their shared experiences, and their differing views on a range of issues. Fully revised and updated, the second edition of Canadian Studies in the New Millennium includes new chapters on Demography and Immigration Policy, the Environment, and Civil Society and Social Policy, all written by leading scholars and educators in the field. At a time in which there is a growing mutual dependence between the US and Canada for security, trade, and investment, Canadian Studies in the New Millennium will continue to be a valuable resource for students, educators, and practitioners on both sides of the border.
Despite legislative guarantees of equality, immigrant women in Canada often experience many forms of prejudice in their everyday lives. Racialized Migrant Women in Canada delves into the public and private spheres of several distinct communities in order to expose the underlying inequalities within Canada's economic, social, legal, and political systems that frequently result in the denial of basic rights to migrant women. Using interdisciplinary approaches drawn from the areas of sociology, law, health studies, and political science, the essays in this volume cover diverse topics such as the social construction of Muslim women, access to health care, and violence against women. The contributors base their work not only in cities with large immigrant populations but also in areas less densely populated with immigrants, revealing regional disparities in regard to economic opportunity and social services.
Since 1980, the Canadian women's movement has been an active participant in consitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda. The case of LEAF, an organization that has as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Christopher Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most important, it also contemplates the long-term effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases. A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.
This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.
Paul Nathanson and Katherine Young believe that this reveals a shift in the United States and Canada to a worldview based on ideological feminism, which presents all issues from the point of view of women and, in the process, explicitly or implicitly attacks men as a class. They argue that ideological feminism is silently reshaping law, public policy, education, and journalism.
When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.