Gender and Rights

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Overview

Part of a series examining philosophical, political, and legal concepts of rights and systems of rights articulation, interpretation, protection, and enforcement, this volume is dedicated to issues arising from the intersection of gender and rights. Editors Rhode (Stanford Law School) and Sanger (Columbia U. School of Law) present 28 essays under the headings gender and rights, sources of well-being and harm, family, violence, work, and political process and participation. Specific topics include gender, property, and land rights in economic analysis and policy; the role of law in the everyday life of women; group identity and women's rights in family law; comparative law and the same-sex marriage debate; unintended consequences of rights-based interventions to support battered women; responses to workplace harassment in European, German, and US law; gender mainstreaming and the composition of the European Court of Justice; and effects of gender parity in French municipal elections. The essays were originally published in such publications as the Journal of Legal Studies, Fordham Law Review, Feminist Legal Studies, and International Journal of the Sociology of Law between 1987 and 2003. Annotation ©2006 Book News, Inc., Portland, OR
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Product Details

Table of Contents

Introduction : asserting rights in the twenty-first century
1 The problem of rights 3
2 Alchemy or fool's gold? : assessing feminist doubts about rights 27
3 When justice replaces affection : the need for rights 33
4 Victims in the shadow of the law : a critique of the model of legal protection 57
5 That we are human, we have rights 77
6 More than 100 million women are missing 81
7 Women and cultural universals 85
8 Gender, property, and land rights : bridging a critical gap in economic analysis and policy 119
9 Reflections on law in the everyday life of women 151
10 The "no problem" problem 165
11 The right to care 193
12 Relational rights and responsibilities : revisioning the family in liberal political theory and law 223
13 Group identity and women's rights in family law : the perils of multicultural accommodation 249
14 Vulnerability by marriage 271
15 Comparative law and the same-sex marriage debate : a step-by-step approach toward state recognition 317
16 Identity within : cultural relativism, minority rights and the empowerment of women 351
17 Law as a Trojan horse : unintended consequences of rights-based interventions to support battered women 383
18 (Mis)identifying culture : Asian women and the "cultural defense" 409
19 Give me liberty or give me death : political asylum and the global persecution of lesbians and gay men 429
20 "Whether from reason or prejudice" : taking money for bodily services 451
21 Dignity or equality? : responses to workplace harassment in European, German, and U.S. law 483
22 For the children : trends in international policies and law on sex tourism 503
23 The myths of meritocracy 525
24 Imported problems definitions, legal culture and the local dynamics of Israeli abortion politics 537
25 The effect of entrenching a bill of rights upon political discourse : feminist demands and sexual violence in Canada 557
26 Gender in the post-socialist transition : the abortion debate in Hungary 577
27 Who are the women? Where are the women? And what difference can they make? Effects of gender parity in French municipal elections 589
28 Breaking the silence : gender mainstreaming and the composition of the European Court of Justice 623
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