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Feminist Legal Theory (Vol. 2)
A collection of previously published articles.
Sexual Assault in Canada
Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the in...
Controversies in the Common Law
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Troubling Sex
When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. For instance, queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence. Feminist theories focus on violence but often don’t give recognition to the joy of sexuality. To assess the possibility of devising a legal theory of sexuality that can ensure equality without assimilation, diversity without exclusion, and liberty without suffering, Elaine Craig examines the Supreme Court of Canada’s approach to sexuality in cases that range from sexual violence to discrimination based on orientation. Although the Court continues to hold an essentialist understanding of sexuality that renders certain harms invisible, its feminist-inspired approach to sexual violence recognizes the socially constructed nature of sexuality and produces legal reasoning that promotes sexual integrity as a common interest. Blending feminist theory with the inclusiveness of queer theory, Craig advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.
Breaking Anonymity
Across North America a growing body of “chilly climate” research documents the role played by environmental factors in reproducing gender inequality: practices that stereotype, exclude and devalue women are persistently powerful forces in creating “glass ceilings” and maintaining “pink ghettos.” Women academics in North American universities and colleges offer an especially striking case for such research. Precisely because of their elite status, the accounts now emerging of the “chilly climate” faced by academic women throw into sharp relief the mechanisms that foster gender inequity throughout North American society. Collected in this volume are a number of reports and comm...
Feminist Constitutionalism
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Pirate Hunter
From the blue waters of the Caribbean and the Florida Keys to the wind-swept wilds of the Outer Banks, Pirate Hunter combines the romantic popularity of a pirate tale with an inspirational story of modern-day treasure hunters. Following a captured slave who's been freed by the sixteenth-century pirate who takes his ship, the novel weaves a rollicking tale of adventure. Paralleling this story in the present are the treasure hunters seeking the gold--and stories--of the past. Greg Rhode--a preacher's kid who has become a marine archaeologist--hires on to participate in Phil Rackham's salvage operation in the Florida Keys. He is hoping that Rackham will make him rich, not suspecting the true riches he'll eventually confront.
Oppression, Privilege, and Resistance
This anthology is a philosophical reader on racism, sexism, heterosexism, and classism with a distinct theoretical framework that provides coherence and cohesion to the readings. The book is framed by a model of racism, sexism, heterosexism, and classism that understands these phenomena as interlocking systems of oppression. Resting upon this oppression model are two sets of theories, one concerned with the phenomenon of privilege--the companion of oppression--and the other with resistance--the response to oppression.
