Choice and Consent: Feminist Engagements with Law and by Rosemary Hunter, Sharon Cowan

By Rosemary Hunter, Sharon Cowan

This present and well timed quantity offers new considering and new instructions in feminist felony scholarship. Rethinking key recommendations in felony feminism, Cowan and Hunter supply a different exam of key socio-legal thoughts in legislation, jurisprudence and criminal and political theory.

Written by way of a global forged of members, supplying varied cultural views in addition to doctrinal and theoretical wisdom, this number of essays offers a discussion among diversified feminist positions and methods to a typical theme.

It addresses a variety of questions, together with:

  • Can 'consent' be rethought and infused with diversified meanings in a post-liberal feminist politics?
  • Can the ideas of 'choice' and 'consent' have constant meanings and services among diversified components of legislation, or whether or not they turn out to be hugely contingent while considered around the wide box of law.

Exploring the deeply gendered ideas of ‘choice’ and ‘consent’ and analyzing the philosophical and jurisprudential concerns surrounding them in addition to how ‘choice’ and ‘consent’ function specifically parts of legislations, together with felony legislations, scientific legislation, constitutional legislations, employment legislation, family members legislation and civil technique, this quantity is a key source for postgraduate legislations scholars learning jurisprudence.

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Additional resources for Choice and Consent: Feminist Engagements with Law and Subjectivity

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534–39. 271–94. 999–1114. 339–52. 267–91. H. , eds, Spiritual and Anabaptist Writers: Documents Illustrative of the Radical Reformation. 88–111. Diduck, A. , Family Law, Gender and the State. Hart Publishing, Oxford 2006. , The Civil Law. The Central Trust Co, Cincinnati 1973. , The Theory of Will in Classical Antiquity. University of California Press, Berkeley 1982. Feminism and consent: a genealogical inquiry 33 Dioegenes Laertius, Lives of Eminent Philosophers. Harvard University Press, Loeb Classical Library, Cambridge MA, 1925.

Given freely by the natural Christian self living in a fallen world seething with animal desires, consent could easily and unwittingly take the devil’s path, whilst for inhabitants of a natural order in which unfettered wills chose as they pleased, it was prey to multifarious, often contradictory, passions and desires, and hence was of accidental and fleeting efficacy. 9–10). Accordingly, since the social order alone possessed the means of ensuring respect for the performance of voluntary acts by directing, suspending or moderating the freedom of human will, this normative apprehension of consent could only be envisaged as an occurrence of the social.

At least two aspects seemed to underlie our perception of family law. First, more than any other branch of the legal system, family law is perceived as belonging to the realm of the subjective, the personal and the concrete, somehow resisting the law’s pull towards the objective, the principled and the abstract. It has an unruly character, emotional, irrational and mundane, but somehow dangerous. The second aspect, obviously related to the first, is family law’s close connection with women or rather the female side of the gender dualism.

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