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- Results per page : 10
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Flynn, Leo
- Creator
- Lawson, Anna
- Thesaurus
- onbetaalde arbeid, sekse, zorgarbeid
- Description
- This article aims to examine one aspect of legal doctrine, that of detrimental reliance in the context of raising constructive trusts or proprietary estoppels, in order to establish more precisely how the process of construction operates. The focus will be on a decision of the Court of Appeal, Wayling v. Jones, a case arising out of a long-term intimate relationship between two men, and this decision is used as a site in which to explore the interaction of legally sanctioned discourses of gender and sexuality.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2006
- Magazine Number
- 3
- Thesaurus
- theorieën, mensenrechten, sekse, gender
- Description
- The author explores the rupture between the two meanings of the word 'before' and applies these to the domains of human rights and sex/gender.
embodiment and sexual difference in medical law
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2000
- Magazine Number
- 3
- Creator
- Keywood, K.
- Thesaurus
- sekse, voortplanting, recht
- Description
- This article examines law's representation of embodied female identity in the context of two medical law cases R. v. Human Fertilisation and Embryology Authority, ex parte Blood and B. v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression - the flight from purportedly fixed subject positions - can be read in the case of 'Blood' and calls into question law's ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributies to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of 'Woman'.
poststructuralism, law and the power of feminism
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Sandland, Ralph
- Thesaurus
- feminisme, sekse, rechtstheorie
- Description
- Law has proven largely impervious to meaningful reform: reform which materially alters the reality of gender relations. On the other, the claims to represent 'women's truth' which underpin feminists' arguments and demands have been revealed as problematic. One response which conjoins these twin dilemmas has been the emergence of what Carol Smart has described as a 'poststructuralist Feminist' perspective on law. This paper aims to interrogate Carol Smart's position for its (law) reformist potential.
the Gender Recognition Act 2004 and the persistence of a legal category
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2007
- Magazine Number
- 1
- Creator
- Sharpe, Andrew
- Thesaurus
- wetgeving, rechtspraak, gender, sekse
- Description
- Some argue that the Gender Recognition Act 2004 moves from the concept of sex to the concept of gender in law’s understanding of the distinction between male and female. Sharpe argues that the Act retains and deploys the concept of sex in a biological sense. In this respect the Gender Recognition Act can be viewed as embodying a tension between gender and sex and that this tension is explicable in terms of irresolution of contrary legal desires to reproduce the gender order and to insulate marriage and heterosexuality from homosexuality in the moment of reform, according to the author.
Showing 1-5 of 5 records.