This book reframes gender and education issues from a feminist and capabilities perspective through a multi-generational study of women as teachers. It explores how different understandings of gender, equality and education generate a variety of approaches with which to pursue gender equality in education. Through employing the capabilities approach in a critical and innovative way to question justice, agency and well-being and also to evaluate valued functionings and capabilities, freedoms and lack of opportunities in women’s lives in Turkey it highlights the need for constructing a gender-just society. The book takes a closer look at these women’s memories, in order to understand how gender roles were created, negotiated and contested, and how the transition to modern ways of socialising and existing was shaped and women’s emancipation was guided by women teachers as social actors, rather than as passive onlookers or oppressed individuals. It provides important insights and critical evidence to be used in the planning and implementation of education and social/gender policies.
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.
A study of the experiences of women of color law school faculty and the effect of race and gender on legal education. This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes several mechanisms to increase diversity within legal academia and to improve the experience of all faculty members. Praise for Unequal Profession “Fascinating, shocking, and infuriating, Meera Deo’s careful qualitative research exposes the institutional practices and cultural norms that maintain a separate and unequal race-gender order even within the privileged ranks of tenure-track law professors. With riveting quotes from faculty across a range of institutional and social positions, Unequal Profession powerfully reminds us that we must do better. I saw my own career in this book—and you might, too.” —Angela P. Harris, University of California, Davis “A powerful account of inequality in legal academia. Quantitative data and compelling narratives bring to life the challenges and roadblocks in gaining not just entry and tenure but also respect for the voices of minority women within the academy. There are no easy remedies, but reading this book is a good place to start for lawyers and law professors to understand what minority women face and which practices can increase the odds of success.” —Bryant G. Garth, University of California, Irvine “Unequal Profession should be mandatory reading for everyone in legal academia . . . . By providing concrete evidence of systemic discrimination, Meera Deo illuminates a long-standing problem needing to be remedied.” —Sarah Deer, University of Kansas
As a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This collection of essays chronicles and evaluates the remarkable achievements she has made over the past half century. Readers will discover diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career, creating an impressive legacy of one of the most important figures in modern law.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.
Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.
Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women’s interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.
"Martin and Jurik provide a clear body of evidence illuminating the gendered nature of criminal justice occupations. Of the multitude of feminist works on this topic, this is one of the best analyses available." —CRIMINAL JUSTICE REVIEW Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations is a highly readable, sociologically grounded analysis of women working in traditionally male dominant justice occupations of law, policing, and corrections. This Second Edition represents not only a thorough update of research on women in these fields, but a careful reconsideration of changes in justice organizations and occupations and their impact on women′s justice work roles over the past 40 years. New to the Second Edition: Introduces a wider range of workplace diversity and experiences: An expanded sociological theoretical framework grasps the interplay of gender, race, ethnicity, and sexual orientation in understanding workplace identities and inequities. Provides a better understanding of the centrality of gender issues to understanding the legal and criminal justice system in general: This edition further connects women′s work experiences to social trends and consequent changes in legal system and in criminal justice agencies. Offers a more international perspective: More material is included on women lawyers, police, and correctional officers in countries outside the U.S. Intended Audience: This is an excellent supplemental text for advanced undergraduate and graduate courses such as Gender & Work; Women and Work; Sociology of Work and Occupations; Women and the Criminal Justice System; and Gender Justice in the departments of Sociology, Criminal Justice, Women′s Studies, and Social Work.