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Dissertations / Theses on the topic 'Feminist jurisprudence'
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Petoussi, Vassiliki Jr. "From Reified Abstractions to Situated Contexts: Feminist Jurisprudence, Paradigm Shift and Legal Change." Diss., Virginia Tech, 1998. http://hdl.handle.net/10919/30306.
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This study addresses the extent to which feminist jurisprudence literature has developed the potential to initiate a legal paradigm shift leading to legal and consequent social change that would alleviate gender inequality. Drawing upon Kuhn's (1970) and Stacey and Thorne's (1985) arguments, I theorized that for a paradigm shift centered upon women and women's experiences to occur, feminist jurisprudence, particularly second- and third-phase feminist jurisprudence, needs to be incorporated into, and accepted by the mainstream. Through quantitative analysis I evaluated, first, the publication and citation patterns and the diffusion of feminist jurisprudence litearature as evidenced in articles published between the years 1983 and 1994 in legal journals assigned impact factors by the Social Science Citation Index. Second, using content analysis, I classified feminist jurisprudence articles published in the subfields of family and penal law --theorized to differ in degree of androcentrism-- according to the three phases of feminist jurisprudence theory. My quantitative analysis showed that the number of feminist jurisprudence articles published in mainstream legal journals is increasing over time. Further, feminist jurisprudence articles published in legal journals with higher impact factors tend to receive larger numbers of citations than articles published in journals with lower impact factors. Finally, although the overall impact factor of journals publishing feminist jurisprudence articles is declining, feminist jurisprudence literature is present among a wide spectrum of legal specializations. My qualitative analysis showed that there was an equivalent number of family and penal law articles which exhibited second- and third-phase characteristics. However, family law articles tended to cover a wider range of topics than penal law articles. Furthermore, family law scholars were more likely than penal law scholars to address issues of differences among women and feminists, thus, exhibiting third-phase characteristics. In constrast, penal law scholars tended to focus upon differences between feminists and non-feminists and the practical difficulties resulting from the structure, organization and practitioners of the criminal justice. Overall, my analysis showed that feminist jurisprudence appears to have developed the potential to initiate a paradigm shift within the legal discipline. However, in addition to feminist theorizing, feminist activism is important for the realization of legal and social changes that will alleviate gender inequality.<br>Ph. D.
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Bohler-Muller, Narnia. "Developing a new jurisprudence of gender equality in South Africa." Thesis, [S.l.] : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-06152006-123856.
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Nadj, Daniela. "ICTY wartime sexual violence jurisprudence and the surrounding debate : a critical feminist analysis." Thesis, University of Westminster, 2011. https://westminsterresearch.westminster.ac.uk/item/8zqyx/icty-wartime-sexual-violence-jurisprudence-and-the-surrounding-debate-a-critical-feminist-analysis.
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The thesis is a critical feminist analysis of ICTY wartime sexual violence jurisprudence, as it is currently constructed in feminist legal scholarship and the surrounding debate. Violence against women, in particular sexual violence has been a greatly topical issue within recent years in both scholarship and the popular imagination. There have been important legal developments within international law, which have provoked much academic, and in particular, legal commentary. On one level, the thesis contributes to this commentary. At the same time, it aims to contribute to a broader feminist theory, which engages with questions of human rights, identity, gender, armed conflict, culture and violence. It therefore explores how female identity, bodily injury, ethnic identity and culture have become intertwined in the debate surrounding wartime sexual violence. Specifically, it analyses the legal modalities through which wartime sexual violence has been inscribed into ICTY judgements and it asks whether these have further entrenched strongly essentialised portrayals of women in international law as victims, mothers or wives in times of armed conflict. Moreover, it asks what the visibility of wartime sexual violence and gender-based violence, more broadly, signifies for women in the current political and legal moment.1 The research question of this project is therefore threefold: How do wartime identities currently materialise in sexual violence jurisprudence? What does the increasing juridicalisation of wartime sexual violence represent for women in the contemporary political and legal moment? Are current feminist investments with the law the way forward in advancing the twin normative aims of gender justice and equality?
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Vakulenko, Anastasia. "Islamic dress in human rights jurisprudence and the surrounding debate: a critical feminist analysis." Thesis, University of Nottingham, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491019.
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The thesis is a critical feminist analysis of Islamic dress, as it is constructed in contemporary human rights jurisprudence and the surrounding debate. Islamic dress and, in particular, various restrictions on its wearing have been a greatly topical issue within recent years in both scholarship and popular imagination. There have recently been important legal developments. both within domestic jurisdictions and international human rights regimes, which have provoked much academic commentary. On one level, the thesis contributes to this commentary. At the same time, it aims to contribute to broader feminist theory, which engages with questions of human rights, gender, culture and religion.
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Mallory, Chaone. ""Subject to the laws of nature" : ecofeminism, representation, and political subjectivity /." view abstract or download file of text, 2006. http://proquest.umi.com/pqdweb?did=1283960851&sid=2&Fmt=2&clientId=11238&RQT=309&VName=PQD.
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Thesis (Ph. D.)--University of Oregon, 2006.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 176-185). Also available for download via the World Wide Web; free to University of Oregon users.
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Artz, Lillian. "Violence against women in rural Southern Cape : exploring access to justice within a feminist jurisprudence framework." Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/9051.
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Includes bibliographical references.<br>Women in rural and severely underprivileged areas remain one of the most vulnerable groups in South Africa to violence in their communities and in their homes. To date, information on rural women, their experiences with domestic violence and social development is both fragmented and inconsistent. The issue of access to justice for rural women presented in this thesis is based on the premise that violence against women keeps women in conditions of poverty, and fear of poverty keeps women trapped in violent situations. It is also based on feminist theory that argues that historical, legal, cultural and political factors contribute to domestic violence and even with emerging policy and legislation promoting wo1nen's safety and freedom from violence, the criminal justice system has not shed it's predilection of institutionalised sexism. It will be argued that systemic discrimination against rural women has lead to the inadequate implementation of legislation and policy relating to women's fundamental rights to safety and freedom from violence. This research, therefore, takes the challenge of constructing an appropriate framework for an integrated analysis of law, gender, and social development. It does so through a feminist jurisprudence framework. The central aims of the research are to: (i) examine the nature or profile of domestic violence in rural areas; (ii) identify the obstacles which prevent women from accessing justice in the face of domestic violence; (iii) identify support mechanisms within rural communities for victims of domestic violence; (iv) explore current policing, justice and health care responses to rural women who experience domestic violence; (v) examine the nature of secondary victimisation of these women by their communities and the relevant criminal justice departments; (vi) examine the nature of current policy and legislation in relation to violence against women and establish the extent to which they have impact on rural women; (vii) to identify gaps in service delivery in rural areas and (viii) to highlight the unique barriers to justice that rural women face. The issues of access to justice for rural women is introduced in this thesis through a study undertaken in rural areas in the Southern Cape. Access was facilitated to 15 different communities in the Southern Cape and 168 women in total were interviewed on issues of violence against women and access to justice. Another 28 women were interviewed on issues relating to maintenance. The primary data collection technique of this research in the Southern Cape took the form of 19 focus-group interviews through a cross section of community structures. These interviews took the form of 'workshops', in which an active exchange of information between the researcher and the researched took place. The focus-group interviews were held in communities in Knysna, Rheenandal, Kurland Dorp, Plettenberg Bay, Sedgefield, Mossel Bay and George. The results indicate that access to justice for rural women is limited for the following reasons: (i) women in rural areas lack nearby services and the cost of transportation decreases a won1an's ability to leave violent situations or even seek information or assistance to deal with the problem; (ii) Women in small rural communities articulate fears of community gossip or alienation from their communities if they seek assistance; (iii) women in rural areas have little option but to remain in the home with the offender because there are no accessible safe houses or shelters; (iv) women remain powerless over alcoholism within their communities; (v) rural women remain in abusive relationships because they have little access to economic resources; (vi) limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural w0men's lives; (vii) distances to basic public services are great and child care is a problem if travel is necessary; (viii) very few development services exist in rural communities; (ix) there are no or limited taxi and bus services and if they do exist they are expensive; and (x) the combined effects of poverty and violence for rural women in the Southern Cape creates formidable barriers to women's equality, mental and physical health, and their full participation in civil society. In light of these results current South African policy and legislation relating to domestic violence and crime prevention are discussed. The thesis concludes that current law contains systemic inequalities, that state legal structures are inherently discriminatory against women and, more specifically, do not meet the needs of rural women.
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Mangwiro, Heather K. "A critical investigation of the relevance of theories of feminist jurisprudence to African women in South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007328.
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Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.
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Bonneau, Chris W. "Justice Ruth Bader Ginsburg and the feminine voice." Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1100447.
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This paper examines whether Justice Ruth Bader Ginsburg demonstrates any evidence of a "feminine voice" in her opinions. There has been much jurisprudential literature written recently regrading the possible existence of a "feminine voice." This paper surveyes the literature and defines what is meant by a "feminine voice." The paper proceeds to analyze some of Justice Ginsburg's opinions to determine if a "feminine voice" is present. This study focuses on four areas of law the literature suggests evidence of a "feminine voice" might be found: cases involving gender, race, the Establishment Clause, and physician-assisted suicide. With the exception of cases concerning race, no evidence of a "feminine voice" was found. In race cases, there is evidence to suggest that Justice Ginsburg arrives at her decision in a way that is different from her male colleagues. The lack of evidence of a "feminine voice" in the other areas does not mean that no such voice exists; rather, it is just not present in all of the decisions written by Justice Ginsburg. The paper concludes that, at least in cases involving race, Justice Ginsburg does reason in a "feminine voice." While this is a narrow finding, the fact that there is evidence of a "feminine voice," at least in some cases, suggests that gender does play a role in judicial decision-making at the United States Supreme Court level.<br>Department of Political Science
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Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Ilumoka, Adetoun Olabisi. "Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011." Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/45662.
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Nilsson, Eva. "Barn i rättens gränsland. : Om barnperspektiv vid prövning om uppehållstillstånd." Doctoral thesis, Umeå universitet, Juridik, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-1090.
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The aim of this study is to highlight problems regarding the status of children in determining the granting of residence permits. Central to the study are the rules contained in the Swedish Aliens Act (2005:716) about hearing children in the course of proceedings and the child’s best interests. The rules are based on Articles 3 and 12 respectively, in the United Nations Convention on the Rights of the Child (CRC). They were introduced into the Swedish legislation in 1997, after an intense debate questioning whether Sweden was meeting its obligations under the Convention. The application in aliens matters has, however, continued to be criticized after the revision of 1997, especially in matters concerning children. In 2006 a new Aliens Act came into force, involving a shift in the handling of such matters from administrative authorities and the Government to a system where appeals are tried in administrative courts. The legislation also involves comprehensive changes concerning the material legislation. The question has been raised, however, as to whether these changes have had any vital impact concerning the general construction of the material regulation. The apparent gap between the legislator’s intentions and the application of the law raises questions about the limitations of law and how the spirit and intentions of the CRC have been implemented in the Aliens Act, and, in view of this, the limits of law. The study involves an analysis of the fundamental premises that the legislation and application rest on, the general provisions of the proceedings and the technical formulation and also the material content of these rules. There is also an analysis of the impact and function of the legislation in practical applications. The conclusion is that the legislation allows extensive scope for assessing the circumstances in each case. This is the case, particularly in matters concerning children. Nevertheless, in practical applications, children often become irrelevant; children are simply not the real focus of the laws that affect them. Key words: Children’s rights, residence permit, asylum, immigration, equality, feminist perspectives. Eva Nilsson, Juridiska institutionen, Umeå universitet, 901 87 Umeå.
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Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Luck, Kristen. "The Nail That Sticks Up Isn't Always Hammered Down: Women, Employment Discrimination, and Litigiousness in Japan." VCU Scholars Compass, 2019. https://scholarscompass.vcu.edu/etd/5842.
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Much recent scholarship is devoted to projecting Japan’s future and analyzing its prospects as a global power. After two decades of economic stagnation, alarming demographic trends, and the 3/11 triple disaster, some scholars argue that Japan is grappling with an era of precarity, marked with instability and anxiety. Prime Minister Shinzo Abe returned to office in 2012, promoting his economic reform policy, “Abenomics” and within the third “arrow" of this approach targeting structural reforms, he promoted “womenomics”, a term coined by Kathy Matsui of Goldman-Sachs. Prime Minister Abe’s objective is to create a society where "women can shine” and women can participate in the labor market more equitably. However, it is unclear if equality can be achieved when Japanese women still encounter persistent workplace sex discrimination. While labor laws, such as the Equal Employment Opportunity Law, have attempted to tackle workplace sex discrimination, many scholars and critics believe the laws have not done enough.
One way Japanese women have attempted to combat workplace sex discrimination is with litigation. Starting in the 1960s, women have resorted to judicial relief to address discriminatory treatment in the workplace. However, while litigation is a powerful tool for social change in Japan, the literature suggests that Japanese women are reluctant to litigate, consistent with the larger consensus that Japan is a low-litigious society. If Japanese women have engaged in “litigation campaigns" and litigation rates are rising, yet Japanese women are reluctant to litigate, this creates an interesting paradox worth exploring. While these two conditions are not unique in and of themselves, what is curious in this nexus is how Japanese women actually relate to the law.
This study analyzes how Japanese women relate to the law. Through semi-structured interviews with Japanese working women about their experiences, thoughts, and opinions, this study illustrates how Japanese women “do" law and deepens our understanding of their relationship with the law. In addition to this, this study proposes a new model for measuring litigiousness. Rather than measuring litigiousness in terms of aggregate litigation rates, this study operationalizes litigiousness in terms of personal intent. By applying this model to qualitative data, this study demonstrates that Japanese women actually do demonstrate a moderate degree of litigiousness as it relates to workplace sex discrimination. That is, the nail that sticks up isn't always hammered down.
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Kilcline, Cody Mary. "The trial of Mrs Proudlock : law, government and society in British Malaya, 1911." Phd thesis, Canberra, ACT : The Australian National University, 2011. http://hdl.handle.net/1885/150011.
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Panet-Raymond, Louise. "Toward a reconceptualization of battered women : appealing to partial agency." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78223.
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Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
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Erden, Deniz. ""." Master's thesis, METU, 2009. http://etd.lib.metu.edu.tr/upload/2/12610234/index.pdf.
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This thesis analyzes the right to reconcile work and family responsibilities which is recognized as crucial in women&<br>#8223<br>s participation in the labor market. When women can not fully enjoy their right to work due to the burden of unequal gender division of labor, they become more vulnerable to poverty and male violence which impede them from developing their basic human capabilities. States should acknowledge that this is a human rights problem which is deriving from women&<br>#8223<br>s overburden as primary caregivers. In order to overcome this problem and transform the patriarchal structure of the market and the family<br>state intervention in the private sphere is required. Two alternative reconciliation models are examined. The first is the equality driven model that encompasses parental leave and childcare facilities, which necessitate positive intervention of the state and more likely to trigger structural change. The other is the flexibility or market driven model which is based on part-time work and homeworking strategies. They target women&<br>#8223<br>s participation in the labor market without necessarily leading to any change in the gender divisionof labor. The effectiveness of these strategies is analyzed within a feminist jurisprudence method. While the focus is on the international framework, including the EU Member States, the specific case of Turkey is also considered. Given Turkey&<br>#8223<br>s socio-economic particularities, childcare largely depends on kinship relations and social policies regulating women&<br>#8223<br>s labor market participation are market driven. The data shows that women in Turkey do not equally enjoy their economic and social rights. Therefore, by examining the international framework for right to reconcile work and family responsibilities, it is hoped that a case can be made to call on Turkey to abide by its international obligations to grant this right.
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Swartling, Malin. "Brexit: A step back in Britain’s fight against human trafficking? : A comparative content analysis of the Modern Slavery Act 2015 and the EU Directive 2011/36." Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444132.
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Human trafficking has become an international issue of significant importance; it is the largest and most profitable organised crime after drugs and arms trafficking. Particular concern has recently been raised due to the Brexit potential ramifications on Human trafficking. There is a risk that the EU directive 2011/36 will be repealed as a result of Brexit. Accordingly, it has been questioned whether the UK national efforts and legislation concerning human trafficking are comprehensive and sufficient enough without the strengthening support of the EU and especially the EU directive 2011/36. Thus, this thesis aimed to determine the impact Brexit will have on human trafficking in the UK by investigating if there will be "gaps" in the UK national legislation on human trafficking. A comparative content analysis was conducted to analyse the UK national legislation on human trafficking, The Modern Slavery Act 2015 (MSA 2015). The Modern Slavery Act was compared with the EU directive 2011/36 to determine how the legislation differed. The method and analysis were conducted on both a latent and manifest level which means it both described the definitions and analysed how the definitions could be interpreted, hence how it affects reality. Based on what has commonly been argued the main reasons behind human trafficking in Europe, the content analysis focused on the definitions of human trafficking, prostitution and protection of migrant victims. Prostitution and migrations are frequently claimed to be the main reasons behind human trafficking in Europe. Due to the risk of the EU directive 2011/36 being repealed, the result of the thesis exhibits the need for the UK to update their national legislation. The MSA 2015 needs to become coherent with international agreements and strengthen the protection of victims of human trafficking. Due to the gendered nature of human trafficking, this research addressed human trafficking from a feminist perspective by applying the "dominance theory" and the "sameness theory". The feminist theories helped analyse and investigate the issue of human trafficking and the potential ramifications of Brexit. Applying the ideas illustrated the patriarchal structures surrounding human trafficking and within the MSA 2015.
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Vafaeikia, Parnia. "The Representation of the feminine body in Iranian Shi’a jurisprudence." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/51193.
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This thesis studies the construction of the feminine body in Islamic discourse through specific jurisprudential (fiqhi) books, which are the main sources of policy making in the Islamic Republic of Iran. The thesis argues that Shi’a jurisprudence tries to produce human subjects and what is considered an ideal woman in the eyes of the religious books. Shi’a jurisprudence tends to discipline subjects (in this thesis, women) in and into particular ways and exercises specific body politics, which include orders concerning the female body in sexual intercourse, marriage, as well as body coverage. Each of these orders presumes a particular view of the female body and female sexuality. The thesis investigates such body politics, using a discourse analysis of the texts inspired by a Foucauldian methodological framework.
In Shi’a jurisprudential texts, the female body has been defined, disciplined, regulated, and veiled. The thesis argues that in such texts, the feminine body is covered with notions of shame, discredit, sin, evil, and weakness. These texts are inflexible, male-defined and male-dominated texts and image the female body as a "criminalized body", "reproductive body", "lusty body", and "weak body".<br>Graduate Studies, College of (Okanagan)<br>Graduate
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BERTIN, YVES. "La sterilisation humaine volontaire feminine et ses aspects medico-legaux." Rennes 1, 1993. http://www.theses.fr/1993REN1M092.
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Lempen, Karine. "Le harcèlement sexuel sur le lieu de travail et la responsabilité civile de l'employeur : le droit suisse à la lumière de la critique juridique féministe et de l'expérience états-unienne /." Genève [u.a.] : Schulthess, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517501449.pdf.
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Hugsén, Karin. "Förbjud det totala abortförbudet? : Hur legitim är abortlagen i Nicaragua?" Thesis, Uppsala universitet, Teologiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-209554.
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The main purpose of this thesis is to analyze laws that completely prohibit abortion through a legal philosophical perspective. To demonstrate that abortion blanket bans cannot be seen as legally legitimate, the author has completed a literature study where she uses Robert Alexy’s “Concept of Law” to analyze abortion laws both in general, and in Nicaragua in particular. Based upon Alexy’s “Concept of Law” the author has identified three relevant key elements – social efficacy, the argument from injustice and correctness of content - which she uses in her analysis. In order to apply these three elements on the total abortion ban, she then uses four different analysis tools - feminist theory, Human Rights, deontology analysis and right analysis. This has enabled a thorough analysis of the total ban on abortion that has demonstrates that such laws cannot be considered legitimate. By highlighting the human rights violations the law entails, one can conclude that the law has a social impact. Using MacKinnon's theory "experience as a woman" the author had been able to demonstrate how the law should be considered as a gender equality issue, and that it is sexist in nature. Based on the argument from injustice and the legal norms about equal treatment and non-discrimination, the blanket ban can be considered extremely unfair for the women concerned. Based on deontology- and rights analysis, one can conclude that the Catholic Church's stance does not hold for the conservative position that excludes abortion in all circumstances. Thus, the normative arguments from the Christian abortion ethical and conservative position that is basis for the law is not coherent. These three indicators demonstrate that the law in Nicaragua has a social efficacy that is both extremely unfair, violates Human Rights and its application sexist with normative argument and content that is not coherent. It would therefore be entirely justified to thwart the legitimacy of such total abortion ban, as in Nicaragua
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Aliaga, Tarazona Jackelyne Madeleine. "La Corte Interamericana de Derechos Humanos y los Discursos Feministas sobre Derechos Sexuales y Reproductivos." Bachelor's thesis, Pontificia Universidad Católica del Perú, 2017. http://tesis.pucp.edu.pe/repositorio/handle/123456789/10257.
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El presente trabajo de investigación busca analizar cómo se asocian los discursos
feministas sobre los derechos sexuales y reproductivos de la mujer con respecto a lo
desarrollado jurisprudencialmente por la Corte Interamericana de Derechos Humanos.
Este tema se justifica en que, dada la dinámica social de desigualdad que siguen
experimentando las mujeres en el ámbito de su sexualidad y reproducción, hay una
necesidad de profundizar en el estudio de las soluciones que brinda el Derecho ante ello.
Y así determinar en qué medida estas soluciones son acertadas en tanto involucran un
enfoque sociológico, al acoger las demandas y planteamientos de aquellas que son
quienes enfrentan la opresión social en el día a día. En este análisis, se realiza una
aproximación general del estado de la cuestión de los referidos discursos feministas y,
luego, se analiza dos sentencias de la mencionada Corte Interamericana en las que se
abordó, de modo significativo, temas relacionados a los derechos sexuales y
reproductivos de la mujer. Se concluye que la referida Corte Interamericana se mantiene
en la defensa de las nociones básicas de los derechos sexuales y reproductivos de la
mujer, ligados al derecho a la vida íntima, a formar una familia, entre otros; pero aun no
alude a aquellos contenidos más “transgresores” de dichos derechos que involucran
prácticas sexuales no reproductivas, como el derecho al placer sexual de la mujer o las
prácticas de esclavitud sexual, entre otros. Con ello, los discursos feministas siguen
estando en avanzada en comparación al desarrollo jurisprudencial de la mencionada
Corte.<br>Trabajo académico
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Luker, Trish, and LukerT@law anu edu au. "THE RHETORIC OF RECONCILIATION: EVIDENCE AND JUDICIAL SUBJECTIVITY IN CUBILLO v COMMONWEALTH." La Trobe University. School of Law, 2006. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20080305.105209.
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In August 2000, Justice O�Loughlin of the Federal Court of Australia handed down the decision in Cubillo v Commonwealth in which Lorna Cubillo and Peter Gunner took action against the Commonwealth Government, arguing that it was vicariously liable for their removal from their families and communities as children and subsequent detentions in the Northern Territory during the 1940s and 1950s. The case is the landmark decision in relation to legal action taken by members of the Stolen Generations.
Using the decision in Cubillo as a key site of contestation, my thesis provides a critique of legal positivism as the dominant jurisprudential discourse operating within the Anglo-Australian legal system. I argue that the function of legal positivism as the principal paradigm and source of authority for the decision serves to ensure that the debate concerning reconciliation in Australia operates rhetorically to maintain whiteness at the centre of political and discursive power. Specifically concerned with the performative function of legal discourse, the thesis is an interrogation of the interface of law and language, of rhetoric, and the semiotics of legal discourse.
The dominant theory of evidence law is a rationalist and empiricist epistemology in which oral testimony and documentary evidence are regarded as mediating the relationship between proof and truth. I argue that by attributing primacy to principles of rationality, objectivity and narrative coherence, and by privileging that which is visually represented, the decision serves an ideological purpose which diminishes the significance of race in the construction of knowledge.
Legal positivism identifies the knowing subject and the object of knowledge as discrete entities. However, I argue that in Cubillo, Justice O�Loughlin inscribes himself into the text of the judgment and in doing so, reveals the way in which textual and corporeal specificities undermine the pretence of objective judgment and therefore the source of judicial authority.
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Rivas, Figueroa Sacha Félix. "Los elementos de la responsabilidad civil y su aporte en la configuración de la violencia familiar." Master's thesis, Pontificia Universidad Católica del Perú, 2017. http://tesis.pucp.edu.pe/repositorio/handle/123456789/10012.
Full textAbstract:
Si se pretende establecer una política de lucha y erradicación de la violencia familiar o
doméstica (llamada actualmente: violencia contra los integrantes del grupo familiar), en
primer lugar, se debe determinar contra qué se está luchando. Para ello, es importante
configurar correctamente a dicha institución a través de sus elementos o presupuestos. Sin
embargo, la definición legal de violencia familiar establecida en la Ley N° 26260 y sus
modificatorias, es incoherente con el sistema jurídico y no concibe adecuadamente a la
institución regulada, ya que comprende en sus supuestos de hecho, conductas dañosas
que pueden estar justificadas; adolece además, de criterios de imputación, es decir, de
razones por las que se hacen de cargo del “agresor” los efectos sancionadores previstos. Y
estos defectos no son exclusivos de dicha ley, pues se presentan, prácticamente, en todas
las definiciones de violencia familiar elaboradas por el ordenamiento supranacional, la
legislación comparada, la doctrina y la jurisprudencia sobre la materia. Esto ha dado lugar a
algunas decisiones judiciales absurdas o injustas, como considerar agresora a una mujer
que se ha defendido legítimamente de su cónyuge violento; o no considerar agresor por
violencia familiar a un padre que por negligencia causó un daño a sus hijos, entre otras. En
esta tesis, proponemos que la profusa y elaborada teoría de la responsabilidad civil, en su
versión extracontractual y subjetiva, puede brindar el sustento doctrinario necesario para
desarrollar sus elementos configuradores a una institución relativamente nueva como la
violencia familiar. Por lo cual, una vez expuestos los fundamentos de ambas instituciones,
con el uso de los métodos exegético, dogmático, el Derecho Comparado y la jurisprudencia,
hemos analizado y comparado sus fuentes, fines y funciones, para descubrir aquellos
elementos que resultan compatibles. Como la violencia familiar sí tiene como fundamento
un acto (o hecho) ilícito, proponemos que los elementos de la violencia familiar son cuatro:
El daño, la ilicitud, la relación de causalidad y el criterio de imputación (que incluye a la
imputabilidad). De esta manera, creemos que se enriquece la doctrina jurídica sobre
violencia familiar y se facilita la labor de los operadores al momento de interpretar y aplicar
la ley sobre la materia.<br>Tesis
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Wennberg, Lena. "Social security for solo mothers in Swedish and EU law : on the constructions of normality and the boundaries of social citizenship." Doctoral thesis, Uppsala : Iustus, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-1904.
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Xu, Xiu-Wen, and 許秀雯. "LABOR GENDER AND FEMINIST JURISPRUDENCE." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/54376360309877971112.
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Jooste, Yvonne. "Contemplating a post-apartheid feminist jurisprudence." Diss., 2011. http://hdl.handle.net/2263/28101.
Full textAbstract:
This dissertation involves contemplations and reflections on a post-apartheid feminist jurisprudence. My contemplation of a feminist jurisprudence takes place within the broader search for a post-apartheid jurisprudence. Post-apartheid jurisprudence provides a critical context for the contemplation. Within this research I illustrate the existence of a masculine symbolic order in South Africa. I suggest that this order contributes to the marginalisation of women and as such problematisation of this order is required. I submit within this dissertation that although the post-apartheid jurisprudential context may be described as critical, challenge to the masculine symbolic order has not been sufficient. From this perspective, I consider the possibility of a post-apartheid feminist jurisprudence. The reflections on a feminist jurisprudence depart from ethical feminism as originally formulated by Drucilla Cornell. The heterogeneity and plurality of the South African society requires an approach that is sensitive to difference and diversity. Ethical feminism seeks to address marginality and the masculine symbolic order by making use of critical and deconstructive insights. It suggests a way of interpreting 'the feminine' as a means of bringing about transformation and openness to difference. I submit within this research that ethical feminism as an approach is suitable to the South African context and that it may contribute to post-apartheid jurisprudence's critical search for approaches to law. Ethical feminism suggests using the feminine affirmatively and allegorically. Along these lines I explore certain myths and narratives, amongst them, retellings of the Greek myths of Ariadne and Penelope, the testimony of a mother before the Truth and Reconciliation Commission and William Shakespeare's character Ophelia. In attempting an interpretation of the feminine, I explore the theme of 'refusal'. Refusal discloses new possibilities, options and alternatives. It also signifies a feminist jurisprudence that is continuous, transformative and unafraid of embracing uncertainty and humility.<br>Dissertation (LLM)--University of Pretoria, 2011.<br>Jurisprudence<br>LLM<br>Unrestricted
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"The battered body : a feminist legal history." Thesis, University of Technology, Sydney. Faculty of Humanities & Social Sciences, 1998. http://hdl.handle.net/10453/20131.
Full textAbstract:
University of Technology, Sydney. Faculty of Humanities & Social Sciences.<br>This thesis investigates a current debate within feminist theory, and specifically within feminist legal theory, about how to challenge the liberal construction of women's subjectivity. It contends that positioning women as either equal to or different from the universalised liberal subject (based on male experience) fails to recognise women's experience as diverse, and differentiated. This thesis explores this issue through the empirical area of the treatment in the public sphere (constituted by the state and the law) of domestic violence, and of domestic violence survivors who kill their abusive spouses. It argues that the current feminist jurisprudential responses to the battered woman who kills, articulated through criticisms of the Battered Woman Syndrome, identify the need to challenge the binary oppositional framework in which these cases are decided and discussed by liberal legalism. However, it suggests that these responses do not ground their discussion in the historical preconditions which gave rise to the debate and the feminist framework in which that debate is conducted.
This thesis argues that an historical re-examination of the ways in which women's experience of domestic violence, as well as the law's reading of it, was constructed is an important contribution to feminist legal theory. It undertakes this historical re-examination by situating the Battered Woman Syndrome and domestic violence within the struggles and campaigns of feminism in the past, especially feminism as it developed through the Women's Liberation Movement of the 1970s. It argues that the understanding of women and women's experience as diversely constituted through this period is essential for an understanding of current debates.
This thesis represents an interdisciplinary feminist legal history. It uses both the method and evidence of history to challenge the legal understandings of battered women who kill. It posits that an interdisciplinary engagement between postmodern legal and historical theories, which contest objective assessments of subjects' experience, allows for a more complex and comprehensive assessment of how to approach, and critique, the Battered Woman Syndrome. It suggests that this can be accomplished by applying the techniques of narrative developed in historical theory to feminist legal theory. It therefore posits that a postmodern methodological approach, realised through a genealogical investigation of the subjectivity of battered women, is of value in the current debate about how to deal with the paradox presented by feminism's engagement with liberalism, and evidenced through the law's assessment of the battered woman who kills.
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"The Battered Body : A Feminist Legal History." University of Technology, Sydney. Faculty of Humanities & Social Sciences, 1998. http://hdl.handle.net/2100/276.
Full textAbstract:
This thesis investigates a current debate within feminist theory, and specifically within feminist legal theory, about how to challenge the liberal construction of women's subjectivity. It contends that positioning women as either equal to or different from the universalised liberal subject (based on male experience) fails to recognise women's experience as diverse, and differentiated. This thesis explores this issue through the empirical area of the treatment in the public sphere (constituted by the state and the law) of domestic violence, and of domestic violence survivors who kill their abusive spouses. It argues that the current feminist jurisprudential responses to the battered woman who kills, articulated through criticisms of the Battered Woman Syndrome, identify the need to challenge the binary oppositional framework in which these cases are decided and discussed by liberal legalism. However, it suggests that these responses do not ground their discussion in the historical preconditions which gave rise to the debate and the feminist framework in which that debate is conducted. This thesis argues that an historical re-examination of the ways in which women's experience of domestic violence, as well as the law's reading of it, was constructed is an important contribution to feminist legal theory. It undertakes this historical re-examination by situating the Battered Woman Syndrome and domestic violence within the struggles and campaigns of feminism in the past, especially feminism as it developed through the Women's Liberation Movement of the 1970s. It argues that the understanding of women and women's experience as diversely constituted through this period is essential for an understanding of current debates. This thesis represents an interdisciplinary feminist legal history. It uses both the method and evidence of history to challenge the legal understandings of battered women who kill. It posits that an interdisciplinary engagement between postmodern legal and historical theories, which contest objective assessments of subjects' experience, allows for a more complex and comprehensive assessment of how to approach, and critique, the Battered Woman Syndrome. It suggests that this can be accomplished by applying the techniques of narrative developed in historical theory to feminist legal theory. It therefore posits that a postmodern methodological approach, realised through a genealogical investigation of the subjectivity of battered women, is of value in the current debate about how to deal with the paradox presented by feminism's engagement with liberalism, and evidenced through the law's assessment of the battered woman who kills.
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LEE, KUAN-YING, and 李冠穎. "A Feminist jurisprudence and literary critique on The Butcher's Wife." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/95318161905715578833.
Full textAbstract:
碩士<br>南臺科技大學<br>財經法律研究所<br>105<br>Lin Shin did not predict that this kind of life is what she is going to live times after times. －The Butcher's Wife
Female consists half population of the world, but what kind of life does female have to deal with in patriarchy system？
The first purpose of this thesis is to analyze Taiwan feminist novel The Butcher's Wife and discuss the relations between laws, guilt, and punishments in this text. Due to these metaphors, which point out that the male bias dominates the legal system and control women’s destinies, the battered women have no mechanism of the emergency rescues. Furthermore, the battered women have faced a dilemma as to whether to defense themselves which would be taken as criminal acts or suffer the domestic violence for granted.
This thesis is the first multidisciplinary research project of Taiwan’s feminist literary critique and jurisprudence, and this thesis will focus on ‘‘whether the rule of self-defense excludes the female’s conscious？”. This thesis will state the tradition and modern jurisprudence background and revaluate these madwomen, who defense herself only for injustice domestic violence, and will illustrate the harsh realities of these women's lives and how they become tributes in patriarchy legal system.
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Chang, Chi-chien, and 張季倩. "Study on gender equality achievement of family regulation in Taiwan Civil Law - from the viewpoint of feminist jurisprudence." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/12332399430727039794.
Full textAbstract:
碩士<br>國立中正大學<br>法律所<br>98<br>With gender mainstreaming, women''s issues have become a hot topic. The awakening of feminist consciousness makes women to be aware of gender inequality in the society. The needs of women’s rights have been increased due to advocating for women independence and the development of women''s movements. The society appears to be equal nowadays, but in fact women are still often in a secondary social status. Gender inequality and gender-stereotype are still in the public’s mind.
It appears that there is insufficient legislation to protect women in Taiwan and they face traditional social norms and cultural influences. Culturally, patriarchal ideology is existed in the family, the workplace, the country and other circumstances. Because of physical limitations and the traditional stereotypes on gender division of labor, women are often under the vulnerable situations within patriarchy and capitalism. Women are marginalized in a patriarchal society. It seems that women obtain legal status, but in reality, gender inequality still exists in the patriarchal society in Taiwan.
However, the gender inequalities in the social structure have also been found in the eastern and western countries. To explore the true reasons behind, it should be the invisible and inflexible patriarchy and other concepts in the control. The intangible patriarchal ideology permeated culture and legal system, and it has caused the inequalities in gender and social class structure. Examining the current law, it is not difficult to find the concepts of "gender equality" and "special protection for women". However, it is still unable to implement gender equality in the legislations as Taiwan is still a male-dominated society.
This study is to analyze family law in Taiwan from the viewpoint of feminist jurisprudence. Using a method which different from traditions, from women''s life experience, to look upon our current laws.
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Bourbonnais, Brenda Susan. "The mother and child reunion: a reconception of child custody litigation and mediation." Thesis, 1997. http://hdl.handle.net/2429/5902.
Full textAbstract:
Many women have shared with family lawyers such as myself their stories about how the legal system marginalized their maternal connections and child caregiving experiences by imposing on them legal positions and constructs about mothering and caring that differed from the reality of their experiences. This thesis develops the argument that neither the litigation nor the mediation of child custody disputes in Canada address the systemic problems association with the marginalization of women. Both processes reflect white, male, middle class, heterosexual expressions, productions and perpetuations of patriarchy.
I first define the dominant ideology of motherhood and present differing mothering experiences which more accurately reflect the realities of caregiving. I then deconstruct the legal and social methods used in both the litigation and mediation of child custody in order to demonstrate their use of dominant ideologies of motherhood and family to limit women’s caregiving opportunities. From the context of two women’s legal experiences, I explore the possibility of introducing feminist legal methods into mediation and litigation in recognition of the fact that women must engage with the legal system to address the practicalities of childcare, economics and shelter.
I respond to the popular argument that mediation is a panacea to the ills of litigation by taking the position that both are situated along a continuum perpetuating the same ideological assumptions about mothers and family which oppress all women to some degree. I argue that mediation is ultimately more oppressive to women because unlike litigation, systemic problems in mediation are obscured by romanticism and rhetoric.
Firstly, I attempt a mother and child reunion by trying to create a place for feminist conceptions of caregiving within child custody litigation and mediation which would empower women. I conclude that it will be difficult to create a space for feminist methodology in custody litigation and mediation without the continued efforts of lawyers to reconstruct the ideology of mother.
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MULLALLY, Siobhán. "Reclaiming universalism : feminism, difference and human rights." Doctoral thesis, 2003. http://hdl.handle.net/1814/4720.
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Aggarwal, Alison G. "Transformative practices : women, law and development in India." Thesis, 1998. http://hdl.handle.net/1885/144677.
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Ward, Helen 1963. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools." 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Includes bibliographical references (leaves 220-229) Considers to what extent feminist theoretical and critical perspectives have been incorporated into law. A law course or law textbook that uncritically presents legal doctrines, or representations of men's and women's social roles, risks adopting and perpetuating the unstated point-of-view of a particular cultural group in society. Argues for a legal education that has an open self-consciousness of the culturally specific and inevitably partial point-of-view of the law and, consequently, a conscious recognition of the unavoidable point-of-view of legal education.
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Norman, Jana L. "Posthuman Legal Subjectivity in the Anthropocene: Introducing the Cosmic Person." Thesis, 2019. http://hdl.handle.net/2440/121348.
Full textAbstract:
The legal philosophy known as Earth Jurisprudence sets a countercultural objective for Western law and legal theory by valuing the establishment of a mutually beneficial human–earth relationship over the satisfaction of exclusively human interests. I propose a novel strategy for meeting this objective: reimagining the human in the human–earth relationship. The original contribution of this thesis is the reconceptualisation of the human legal subject based on the non-dualised construct of human identity suggested by combining insights into the nature of reality from a variety of contemporary fields of scientific and critical inquiry. The project begins with an analysis of the traditional Western construct of human identity, which is structured as a dualism. In this view, humans are understood to be of a separate and superior order to nature. The thesis dissects the set of assumptions that conspire to form, in the first instance, a primary reason/nature dualism from which branch not only the singular human/nature dualism, but also an interlocking set of dualisms relegating non-human and some human Others to the underside of the hierarchy. A dynamic of radical discontinuity in the human–earth relationship is established by this complex, which precludes mutuality. I characterise thinking within and about Western law and legal theory as anthropocentric, given the anthropocentrism of Western culture. The extent to which this is true is examined in this thesis, first in a discussion of an emblematic case in which the fate of particular non-human subjects is decided without regard for the needs and interests of the same, then in a critique of Earth Jurisprudence in which I conclude that the philosophy is insufficiently disruptive of the foundational reason/nature dualism. The crux of this thesis is the contention that systems can be transformed by strategic intervention at key points at which the system is upheld or perpetuated. I argue that the legal subject is one such point in the Western social imaginary of mastery and control. More specifically, I argue that a construct of human identity, the master identity, to which the prevailing concept of the human legal subject (the rational, autonomous individual) corresponds, keeps the anthropocentrism of this system in play. Each of the contemporary concepts-in-use of the human legal subject has an origin story and various disciplines from which it draws its supporting ontological, epistemological and ethical commitments. The thesis draws from new cosmology, Big History, new materialisms and posthuman critical theory to tell the origin story for the proposed alternative legal subject, the Cosmic Person. By accounting for the earthliness of human existence, by which I mean the normative materiality of being embodied, embedded and entangled in a single plane of existence comprising a natureculture continuum, the Cosmic Person as legal subject takes into direct account the needs and interests of the whole community of life on Earth. Finally, the thesis examines the Waimea River Watershed Mediation Agreement as a case study in which the Cosmic Person is prefigured in a performance of posthuman normativity.<br>Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2019