Robson tackles controversial legal questions, including the treatment of lesbian criminal defendants; lesbianism and violence; the courts' tendency to resort to stereotypes, such as "the good lesbian" and "the bad lesbian"; the numerous debates enveloping same-sex marriage; and the outcome of child custody cases involving lesbians. She also repudiates the recent habit of legal theorists to address lesbians as "alternative family."
In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.
Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.
The Reader's Guide to Lesbian and Gay Studies surveys the field in some 470 entries on individuals (Adrienne Rich); arts and cultural studies (Dance); ethics, religion, and philosophical issues (Monastic Traditions); historical figures, periods, and ideas (Germany between the World Wars); language, literature, and communication (British Drama); law and politics (Child Custody); medicine and biological sciences (Health and Illness); and psychology, social sciences, and education (Kinsey Report).
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
This book presents the first published comprehensive overview and critical assessment of the relationship between law and masculinities. It provides a general introduction to the subject whilst engaging with the difficult question of what it means to speak of the masculinity of law in the first place.
Born in the late nineteenth century, sexuality is a relatively new category within the human sciences in general and law and society scholarship in particular. Despite its novelty, it is now a central category through which we understand ourselves both as individuals and as members of communities. This volume offers a collection of essays selected to reflect the ever-widening horizons and diverse methodologies of law and society scholarship on sexual and identity in law. The essays offer an insight into some of the key themes and recent developments in this body of work. Each in different ways offers an evaluation of the nature, meaning and effects of sexuality thereby providing a critical evaluation of the politics of sexual identity as it appears in and through the law.
Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
This book examines how the intertwining of clothes and the United States Constitution raises fundamental questions of hierarchy, sexuality and democracy. Constitutional considerations both constrain and confirm daily choices. In turn, appearances provide multilayered perspectives on the Constitution and its interpretations. Garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race and sexuality. At work, in court, in schools, in prisons and on the streets, clothes and grooming provoke constitutional controversies. Additionally, the production, trade and consumption of apparel implicates constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear - or do not - is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.
