This volume draws on several decades of advocacy for law reform to advance gender equality. The essays illustrate the evolution of dominant theoretical approaches and trace their application to core issues, such as the meaning of gender, family formation and roles, equality in the workplace, reproductive rights and violence. The selections are international in their range and include recent works that summarize foundational discussions as well as less well-known articles and essays which capture defining issues with enduring resonance. Taken together, these articles form the basis for discussions of recurring themes such as: how best to define and account for biological, social or cultural differences based on gender; how the law can recognize historic and ongoing gender subordination while supporting individuals’ autonomy and agency; and the nature and role of women’s sexuality. They exemplify the ongoing dialectic between well-intentioned reform and unintended consequences that characterizes ongoing efforts to advance equality based on gender.
Table of Contents
Contents: Introduction; Part I Theoretical Approaches and Overview: Three stages of feminist legal theory, Martha Chamallas; Feminist theories and international law, Hilary Charlesworth and Christine Chinkin; Feminist legal theory and understandings of equality: one step forward or two steps back?, Reg Graycar and Jenny Morgan; Power and danger: feminist engagement with international law through the UN Security Council, Dianne Otto; Naming gender stereotyping, Rebecca J. Cook and Simone Cusack; EU gender equality law, Susanne Burri and Sacha Prechal. Part II Gender: Multiple and Complex Identities: Theorizing yes: an essay on feminism, law and desire, Katherine Franke; New complexity theories: from theoretical innovation to doctrinal reform, Darren Lenard Hutchinson; The transgender rights imaginary, Paisley Currah; Theorizing class, gender and the law: three approaches, Angela P. Harris. Part III Family: Transracial adoption: mothers, hierarchy, race, and feminist legal theory, Twila L. Perry; Who’s afraid of polygamy? Exploring the boundaries of family, equality and custom in South Africa, Penelope E. Andrews; Compulsory matrimony, Ruthann Robson. Part IV Work: Leave - Work/Family: Work, caregiving, and masculinities, Ann C. McGinley; Work/family reconciliation, equal opportunities and social policies: the interpretation of policy trajectories at the EU level and the meaning of gender equality, Jane Lewis. Low-Wage Workers: The four-day work week: but what about Ms Coke, Ms Upton, and Ms Blankenship?, Shirley Lung; Conclusion: the limits of labour law, Elsje Bonthuys. Sexual Harassment: The sanitized workplace revisited, Vicki Schultz. Sex Work and Trafficking: Migrant women and the legal politics of anti-trafficking interventions, Ratna Kapur. Part V Reproductive Rights: Creating and solving the problem of drug use during pregnancy, Dorothy E. Roberts; Sex equality arguments for reproductive rights: their critical basis and evolving constitutional expression, R