Feminist Perspectives on Tort Law by Janice Richardson download in ePub, pdf, iPad
This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. Here, feminists reveal how asylum or refugee policies may be based on male models of what constitutes persecutions, discounting forms of structural injustice that disproportionately burden women e. The most recent battleground over apparently neutral rules has been the recognition of exceptions for employers with religious objections from providing contraceptive coverage for their employees. Even without explicit or implicit bias, many longstanding policies may affect men and women differently.
Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. They also point out how the burdens of contraception and contraceptive failure fall on women rather than men. Focusing on causes or influences, some feminists attempted to challenge media stereotypes, an approach for which they were criticized as censors.
It may involve several different ways of challenging the religious establishment on matters of interpretation that are traditionally considered settled or fundamental. For example, employment discrimination against women of color may not be simply a matter of race-plus or sex-plus, but a phenomenon of interaction between these and possibly other categories.
Many liberal feminists, too, are opposed to a variety of commodification practices. These feminists point out that long-term evidence of safety is lacking and that there may be unanticipated deleterious consequences of these techniques. The distinction between persuasion and force appears as a fine line that is easy to cross. Unfortunately, in much of the world today discrimination is far from overt, but no less effective for its increased subtlety. Nevertheless, the questions asked by these thinkers will pose challenges to the law into the future.
In addition, some policies that differentiate based on sex may be perceived as just or as beneficial to women. Her postdoctoral research will expand on these conceptual models while exploring the role of vulnerability and resilience in a comparative legal analysis of queer family-making projects. Some do not control their own reproductive lives, access to their bodies, the opportunity to pursue any life ambition other than marriage, or who their marriage partner will be. In many jurisdictions, consent is no longer presumed from the absence of resistance and far stricter requirements for the relevance of evidence are in place. Such systemic bias may be accepted not only by actors within the legal system such as judges but also by its victims as well as its beneficiaries.