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Royal Bank of Scotland plc v. Etridge (No. 2) (2001) 4 All E.R. 449
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 1
- Creator
- Morris, Debra
- Thesaurus
- gelijke behandeling, organisaties
- Description
- This decision concerns the familiar scenario of a wife jointly mortgaging the family home in order to secure financial support for a business run by her husband.
why difference won't do
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 1
- Creator
- Malleson, Kate
- Description
- The case for gender equality on the bench would seem too uncontroversial to require justification. Yet the practical realities of the slow progress of women towards equality of participation both quantitative and qualitative in the judiciary testifies to the continuing need to argue the case for change. To date, the primary rationale for promoting gender equality has been that women will bring a unique contribution to the bench as a result of their different life experiences, values and attitudes. Such arguments derived from difference theory have had a strong appeal since they appear to give legitimacy to the undervalued attributes traditionally associated as feminine while also promoting the merit principle by claiming to improve the quality of justice. However, this article argues that difference theory arguments are theoretically weak, empirically questionable and strategically dangerous. Instead, it argues for the adoption of a rationale for gender equality based on equity and legitimacy: that equal participation of men and women in the justice system is an inherent and essential feature of a democracy without which the judiciary will lose public confidence.
Coker and Osamor v. the Lord Chancellor and the Lord Chancellor's Department (2002) I.R.L.R.80 (Court of Appeal)
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 1
- Creator
- Morris, Anne E.
- Thesaurus
- arbeid, gelijke behandeling, discriminatie
- Description
- This case suggests that it is permissible, by 'pre-selecting' an individual man, to rule out any possible female candidates.
feminist perspectives on equality and justice
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 3
- Creator
- Marle, Karin van
- Thesaurus
- gelijke behandeling, feminisme, universalisme, Zuid-Afrika
- Description
- In this article the author revisits the question of how feminist theory/theories could address questions regarding universalism, sameness, difference, and the quest for justice. She reconsiders the quest for justice and equality for women and the (im)possibilities of a feminist perspective on justice and a feminist `community'. The three feminist theorists that she discusses are Martha Nussbaum, Drucilla Cornell, and Iris Marion Young. Nussbaum is closer to a liberal defense of universal values - Cornell and Young stand critical of liberalism and focus on sublimity, dignity, and asymmetrical reciprocity. The author supports the perspective of the latter two theorists and applies these perspectives to aspects of South African equality jurisprudence.
Showing 1-4 of 4 records.