As workers struggle to combine work and family responsibilities, discrimination against workers based on their status as caregivers is on the rise. Although both women and men feel the pinch, caregiver discrimination is particularly damaging for women, because care is intricately tied to gendered norms and expectations. In this article, we analyze caregiver discrimination cases resolved by Canadian Human Rights Tribunals from 1985 through 2016, to explore how work and caregiving clash. We identify issues involved in disputes and the ways (...) gendered expectations about work–life facilitation inform disputes and outcomes. We find that although women are more likely to bring claims and obtain favorable outcomes, the legal interpretation of claims is highly gendered. Women bring claims involving both their presumed status as caregivers and the practical challenges of seeking accommodations for care, whereas men’s claims are largely accommodation based. In adjudicating cases, Tribunals are more likely to see women than men as lacking credibility when making their claims, questioning their competence and legitimacy. In contrast, men struggle to demonstrate the legal basis of work–family interference, failing to convey how seriously work interferes with family responsibilities. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

This article reflects on the ‘Philosophy and Gender’ project, which introduced the pedagogical technique known as the ‘Community of Inquiry’ into an undergraduate Gender and the Law course at the University of Western Australia. The Community of Inquiry is a pedagogy developed by Matthew Lipman in the discipline of Philosophy that facilitates collaborative and democratic philosophical thinking in the context of teaching philosophy in schools. Our project was to see if this pedagogy could advance two objectives in (...) class='Hi'>Gender and the Law at undergraduate level: ‘reflexive thinking’ and ‘standpoint thinking’. We conclude that the Communities of Inquiry had a significant influence on the development of ‘reflexive thinking’ but appeared to have limited influence on the development of ‘standpoint thinking’. Here we provide a practitioner reflection on an exploratory new approach to teaching in a tertiary setting, with a view to setting an agenda for more systematic research in the future. (shrink)

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an (...) informal science learning site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

Interest in science and math plays an important role in encouraging STEM motivation and career aspirations. This interest decreases for girls between late childhood and adolescence. Relatedly, positive mentoring experiences with female teachers can protect girls against losing interest. The present study examines whether visitors to informal science learning sites differ in their expressed science and math interest, as well as their science and math stereotypes following an interaction with either a male or female educator. Participants were visitors to one (...) of four ISLS in the United States and United Kingdom. Following an interaction with a male or female educator, they reported their math and science interest and responded to math and science gender stereotype measures. Female participants reported greater interest in math following an interaction with a female educator, compared to when they interacted with a male educator. In turn, female participants who interacted with a female educator were less likely to report male-biased math gender stereotypes. Self-reported science interest did not differ as a function of educator gender. Together these findings suggest that, when aiming to encourage STEM interest and challenge gender stereotypes in informal settings, we must consider the importance of the gender of educators and learners. (shrink)

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. On (...) this interpretation, Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how (...) they would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal (...) law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue. (shrink)

This book is an examination of how the law understands human identity and the whole notion of 'human being'. On these two notions the law, usually unconsciously, builds the superstructure of 'human rights'. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). (...) It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on. The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity - for instance that we can talk meaningfully about the entity that we call 'our self'. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the 'self'? This book seeks to plug these gaps in the literature. (shrink)

The language and ideals of Greek political life identified citizenship with manliness. Plato saw this engendering of politics as a threat to the unity, stability, and excellence of a city, for the unmoderated manliness of actual cities, he claimed, fosters bigoted patriotism, female dissipation, and unnatural vice. Moreover, these cities' civic pieties could not match the egoistic appeal of tyranny, for the Greek ideal of masculinity itself points to tyranny as the most manly life. ;Plato's project, as I will argue (...) through a study of the Republic and the Laws, is to harness spirit and desire to reason in order to rescue cities from these tragedies of engendered politics. Such a rationalization requires a proper understanding of the "male" passions and their subjugation to a disgendered reason. Plato argues not only that the engendered politics of Greek cities treats women unjustly, but also that by excluding females and the feminine these cities make their male citizens vicious and unhappy. ;Since Plato apparently contradicts the egalitarian views of the Republic in his later dialogue, the Laws, I aim to recover the single intention behind two political proposals differing widely in detail. Plato's teaching on gender and politics has been subject to a wide variety of criticism in recent years, but both his feminist and anti-feminist interpreters have generally failed to appreciate the thick and profound political psychology which stands behind his radical views on gender and politics. Plato describes both soul and city as complexes of frequently contradictory desires for whom unity of purpose must be achieved. The lives of men and women in actual cities display distinct and apparently incompatible virtues, but the rationalization of politics requires that these virtues be reconciled in a single regime for both soul and city. ;In conclusion, I will argue that arguments for gender justice, that, like Plato's, are founded in a critique of the pretensions of masculinity, provide more powerful arguments for sexual egalitarianism than more "feminist" arguments that attack patriarchy simply as unjust toward women. (shrink)

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation (...) of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (shrink)

Because gender norms shape the content and application of the law, feminist scholarship has a lot to contribute to the study of law. Gender is also relevant to several problems in normative jurisprudence, and to some problems in special jurisprudence (the study of concepts in the law). But gender has no relevance to general jurisprudence for there is no sense in which the concept of law is ‘gendered’, and no answer to leading problems in general jurisprudence depends (...) on any thesis about gender. Yet some feminist scholars, including prominently Joanne Conaghan, argue that gender is pervasively relevant to jurisprudence, though its relevance has been screened out by methodological errors that characterize what she calls ‘the analytical jurisprudential mind’. I argue that this is incorrect, by examining the relationship between gender and law, the relationship between sex and gender, and the place of sex in the legal concept of marriage. The methodological charges against ‘the analytical jurisprudential mind’ prove unfounded. I also suggest that hostility to analytical methods is likely to be damaging to feminist legal theory, and urge feminist scholars to look again at the resources of analytic legal philosophy. (shrink)

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. On (...) this interpretation, Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics. (shrink)

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution (...) when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design. (shrink)

Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in the controversial (...) 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as (...) ‘what is a field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

Biology is seen not merely as a privileged oppressor of women but as a co-victim of masculinist social assumptions. We see feminist critique as one of the normative controls that any scientist must perform whenever analyzing data, and we seek to demonstrate what has happened when this control has not been utilized. Narratives of fertilization and sex determination traditionally have been modeled on the cultural patterns of male/female interaction, leading to gender associations being placed on cells and their components. (...) We also find that when gender biases are controlled, new perceptions of these intracellular and extracellular relationships emerge. (shrink)

The Trafficking Victims’ Protection Act of 2000 has been presented as an important tool in combatingthe exploitation and abuse of undocumented workers, especially those forced into prostitution. Through a close reading of the legislation and the debates surrounding its passage, this article argues that the law makes strategic use of anxieties over sexuality, gender, and immigration to further curtail migration. The law does so through the use of misleading statistics creating a moral panic around “sexual slavery,” through the creation (...) of a gendered distinction between “innocent victims” and “guilty migrants,” and through the demand that aid to victims be tied to their willingness to assist in the prosecution of traffickers. As a result, the legislation is less a departure from, than of a piece with, other recent antisex and antiimmigrant policies. (shrink)

The growing presence of women in the legal profession and the prominence of law as a site of feminist social change make the complex interrelationship between the media, feminism, and the law a critical concern across disciplines. Drawing on legal theory, cultural studies, journalism, political science, sociology, and communications, this book presents a collection of essays that explore how the media represents and constructs gender, law, and feminism. Arranged thematically, these twenty-three articles are the work of distinguished academics and (...) activists. The collection begins with a section on "Portrayals of Feminism in the Media", which provides historical background on the media's treatment of feminist issues. The anthology proceeds with sections entitled "Feminism, Law, and Popular Culture"; "Essentializing Gender"; and "Media Images of Violence". Giving fresh and provocative treatments to such complex and topical subjects as hate radio, Anita Hill, popular women's magazines, and the portrayal of women in film and television, Feminism, Media, and the Law is required reading for anyone interested in feminism and its relationship to the media. (shrink)

The paper delves into the evolution of language in French and English, focusing on the feminization and neutralization of job titles in legal and professional settings. It explores how these linguistic changes are intertwined with the broader implications of language in shaping moral and ethical standards, advocating for gender equality, and challenging gender biases. The study highlights the slow but impactful progress in linguistic reform within legal contexts, suggesting strategies to align legal language with contemporary principles of (...) class='Hi'>gender equality. (shrink)

This paper will examine the effects of gender, age, work experience, academic status and legality on certain ethical decisions. Six scenarios representing ethical dilemmas were presented to both undergraduate and MBA students in an attempt to determine if various demographic factors influenced ethical decision making. While some past studies have suggested that gender has an important effect on ethical decision making, this study does not completely support this conclusion and suggests that age and/or length of work experience should (...) be included in any study of ethical decision making.The legality of the decisions was determined and compared to the reason given by the students for their decisions. In some cases the choice made by a majority of the students was not the one that was supported by the legal authorities which suggests that there may be conflicts between the ethical system of the respondents and the behavior expected of them by society. (shrink)

What role did poetry, music, song, and dance play in the social and political life of the ancient Greek city? How did philosophy respond to, position itself against, and articulate its own ambitions in relation to the poetic tradition? How did ancient philosophers theorize and envision alternatives to fourth-century Athenian democracy? The City and the Stage poses such questions in a study of the Laws, Plato's last, longest, and unfinished philosophical dialogue. Reading the Laws in its literary, historical, and philosophical (...) contexts, this book offers a new interpretation of Plato's final dialogue with the Greek poetic tradition and an exploration of the dialectic between philosophy and mimetic art. Although Plato is often thought hostile to poetry and famously banishes mimetic art from the ideal city of the Republic, The City and the Stage shows that in his final work Plato made a striking about-face, proposing to rehabilitate Athenian performance culture and envisaging a city, Magnesia, in which poetry, music, song, and dance are instrumental in the cultivation of philosophical virtues. Plato's views of the performative properties of music, dance, and poetic language, and the psychological underpinnings of aesthetic experience receive systematic treatment in this book for the first time. The social role of literary criticism, the power of genres to influence a society and lead to specific kinds of constitutions, performance as a mechanism of gender construction, and the position of women in ancient Greek performance culture are central themes throughout this study. A wide-ranging examination of ancient Greek philosophy and fourth-century intellectual culture, The City and the Stage will be of significance to anyone interested in ancient Greek literature, performance, and Platonic philosophy in its historical contexts. (shrink)

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual ‘jokes’ or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, ‘jokes,’ banter, etc.—which may be the ‘norm’—to show the conduct in question was unwelcome. At the (...) same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs. (shrink)

This article argues that the common law constitution can be thought of as the working out of a tradition within which notions of gender, national identity and citizenship are conveyed and secured. It looks at the making and interpretation of Commonwealth Caribbean Constitutions in the latter half of the twentieth century. It shows how the language of the common law constitution was employed to bolster the competence of West Indian male nationalists to govern and to legitimize measured progress for (...) women. The article also explores the fundamental role played by common law constitutionalism in the conceptualization of Caribbean constitutions as evolutionary and the veneration of ordinary existing laws as an expression of valuable norms about gender relations. Narratives of continuity as well as discontinuity are identified with the Caribbean common law constitution. As judicial decisions on gender equality become more liberal, problematic earlier decisions are categorized as ‘badly decided’, signifying a clean break from the past and the abandonment of harmful practices. This article claims that these narratives of discontinuity are associated with the conventional faith in the common law's capacity for change and that they substantially conceal the force and persistence of gender asymmetries in Caribbean societies and the ideologies that have enabled and sustained them. (shrink)

By examining the highly contested legal debate about the regulation of pornography through an epistemic lens, this book analyzes competing claims about the proper role of speech in our society, pornography’s harm, the relationship between speech and equality, and whether law should regulate and, if so, upon what grounds.

The history of market regulations provides an important perspective on the gendering of systems of food within the evolution of urban economies. This article addresses an important and distinctive period in this process, when New York shifted away from colonial and English-derived institutions in the first four decades of the nineteenth century. The legal status of women was unsettled during this time, introducing uncertainty into women's economic activities. New York City's public marketplaces were carefully regulated through a network of ancient (...) and sometimes arcane laws that inscribed particular activities within well-defined spaces while prohibiting them elsewhere. While these laws were derived from traditional English practices, enforcement was becoming increasingly legalistic rather than customary. While these market laws did not specifically invoke gender, they produced a system that was less navigable to women due to their problematic status as legal subjects. Because the system's navigability differed by commodity, these laws significantly shaped the gendered identity of foodstuffs, such as meat and fruit. Carefully delineating these legal constructions allows us to better understand how women navigated the real and conceptual spaces of the food system, and to see how the changing legal realities of New York impinged on women's employment. (shrink)

British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in (...) conditions of decertification, drawing on legal thoughtways developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)