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Book part
Publication date: 8 February 2016

June Carbone and Naomi Cahn

This paper explores the relationship between feminist theory and rising economic inequality. It shows how greater inequality reflects the valorization of the stereotypically male…

Abstract

This paper explores the relationship between feminist theory and rising economic inequality. It shows how greater inequality reflects the valorization of the stereotypically male qualities of competition and hierarchy, producing a greater concentration of wealth among a small number of men at the top, shortchanging men more than women through the rest of the economy, and altering the way that men and women match up to each other in the creation of families. By creating a framework for further research on the relationship between the norms of the top and the disadvantages of everyone else in more unequal societies, the paper provides a basis for feminists to develop a new theory of social power.

The paper demonstrates how the development of winner-take-all income hierarchies, the political devaluation of families and communities, and the terms of the family values debate diminish equality and community. The paper addresses how to understand these developments as they affect both the structure of society and the allocation of power within our families in ways that link to the historic concerns of feminist theory. It accordingly ends by asking the “woman question” in a new way: one that revisits the stereotypically masculine and feminine and asks how they connect to hierarchy, one that considers whether the inclusion of women changes institutional cultures in predictable ways, and one that wonders whether the values that today are associated with more women than men offer a basis for the reconstruction of society more generally.

Details

Special Issue: Feminist Legal Theory
Type: Book
ISBN: 978-1-78560-782-0

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Article
Publication date: 19 February 2019

Ian Cummins

The purpose of this paper is to argue that the work of the American feminist political and legal philosopher, Martha Fineman can be the basis for a shift away from the…

360

Abstract

Purpose

The purpose of this paper is to argue that the work of the American feminist political and legal philosopher, Martha Fineman can be the basis for a shift away from the proceduralism and managerialism that has come to dominate social work practice.

Design/methodology/approach

This paper’s work is based on the application of Fineman’s work to social welfare settings.

Findings

Fineman’s work calls for a radical rethinking of our notions of autonomy and vulnerability.

Originality/value

This paper applies Fineman’s work to this field.

Details

The Journal of Adult Protection, vol. 21 no. 2
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 10 March 2020

Andrea Doucet and Lindsey McKay

This research article explores several questions about assessing the impacts of fathers' parental leave take up and gender equality. We ask: How does the conceptual and contextual…

2012

Abstract

Purpose

This research article explores several questions about assessing the impacts of fathers' parental leave take up and gender equality. We ask: How does the conceptual and contextual specificity of care and equality shape what we focus on, and how, when we study parental leave policies and their impacts? What and how are we measuring?

Design/methodology/approach

The article is based on a longitudinal qualitative research study on families with fathers who had taken parental leave in two Canadian provinces (Ontario and Québec), which included interviews with 26 couples in the first stage (25 mother/father couples and one father/father couple) and with nine couples a decade later. Guided by Margaret Somers' historical sociology of concept formation, we explore the concepts of care and equality (and their histories, networks, and narratives) and how they are taken up in parental leave research. We also draw on insights from three feminist scholars who have made major contributions to theoretical intersections between care, work, equality, social protection policies, and care deficits: Nancy Fraser, Joan Williams, and Martha Fineman.

Findings

The relationship between fathers' leave-taking and gender equality impacts is a complex, non-linear entanglement shaped by the specificities of state and employment policies and by how these structure parental eligibility for leave benefits, financial dimensions of leave-taking (including wage replacement rates for benefits), childcare possibilities/limitations and related financial dimensions for families, masculine work norms in workplaces, and intersections of gender and social class. Overall, we found that maximizing both parental leave time and family income in order to sustain good care for their children (through paid and unpaid leave time, followed by limited and expensive childcare services) was articulated as a more immediate concern to parents than were issues of gender equality. Our research supports the need to draw closer connections between parental leave, childcare, and workplace policies to better understand how these all shape parental leave decisions and practices and possible gender equality outcomes.

Research limitations/implications

The article is based on a small and fairly homogenous Canadian research sample and thus calls for more research to be done on diverse families, with attention to possible conceptual diversity arising from these sites.

Practical implications

This research calls for greater attention to: the genealogies of, and relations between, the concepts of care, equality, and subjectivity that guide parental leave research and policy; to the historical specificity of models like the Universal Caregiver model; and to the need for new models and conceptual configurations that can guide research on care, equality, and parental leave policies in current global contexts of neoliberal capitalism.

Originality/value

We call for a move toward thinking about care, not only as care time, but as responsibilities, which can be partly assessed through the stories people tell about how they negotiate and navigate care, domestic work, and paid work responsibilities in specific contexts and conditions across time. We also advocate for gender equality concepts that attend to how families navigate restrictive parental leave and childcare policies and how broader socio-economic inequalities arise partly from state policies underpinned by a concept of liberal autonomous subjects rather than relational subjects who face moments of vulnerability and inter-dependence across the life course.

Details

International Journal of Sociology and Social Policy, vol. 40 no. 5/6
Type: Research Article
ISSN: 0144-333X

Keywords

Book part
Publication date: 8 February 2016

Susan Frelich Appleton and Susan Ekberg Stiritz

This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation…

Abstract

This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation of a transdisciplinary course, entitled “Regulating Sex: Historical and Cultural Encounters,” in which students mined literature for social critique, became immersed in the study of law and its limits, and developed increased sensitivity to power, its uses, and abuses. The paper demonstrates the value theoretically and pedagogically of third-wave feminisms, wild zones, and contact zones as analytic constructs and contends that including sex and sexualities in conversations transforms personal experience, education, society, and culture, including law.

Details

Special Issue: Feminist Legal Theory
Type: Book
ISBN: 978-1-78560-782-0

Keywords

Book part
Publication date: 8 February 2016

Angela P. Harris

From the mid-1980s to the mid-1990s, several prominent feminist legal scholars made a case for “difference feminism.” Inspired by psychologist Carol Gilligan’s classic text, In a

Abstract

From the mid-1980s to the mid-1990s, several prominent feminist legal scholars made a case for “difference feminism.” Inspired by psychologist Carol Gilligan’s classic text, In a Different Voice, these scholars argued that social relationships, caring, and the emotions should be recognized as important to jurisprudence and legal regulation. Today, difference feminism is no longer a dominant movement within legal scholarship, but reformers are bringing “mindfulness,” “emotional intelligence,” and attention to relationships into law and business – a development dubbed “therapy culture” by its critics. This essay describes some of the manifestations of therapy culture in law and argues for more feminist engagement.

Details

Special Issue: Feminist Legal Theory
Type: Book
ISBN: 978-1-78560-782-0

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Book part
Publication date: 13 December 2021

Olubukola Olayiwola

Microcredit schemes fashioned after the Grameen Bank model are widely acclaimed for their potential for empowering the poor through access to credit based on social collateral…

Abstract

Microcredit schemes fashioned after the Grameen Bank model are widely acclaimed for their potential for empowering the poor through access to credit based on social collateral. However, women market vendors in Ibadan refer to microcredit loans as owo komulelanta, a term which translates as “resting the breasts on a hot kerosene lantern,” a plain critique of the stringent conditions of loan repayment. This paper presents the lived experience of borrowers based upon ethnographic fieldwork conducted between 2017 and 2019. It reflects on the Nigerian state's neoliberal policies of microfinance and the experience of women borrowers. The paper argues that social–emotional vulnerability of women borrowers is exacerbated by the acceptance of a loan due to the rigid system of repayment and harassment from providers.

Details

Infrastructure, Morality, Food and Clothing, and New Developments in Latin America
Type: Book
ISBN: 978-1-80117-434-3

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Book part
Publication date: 1 April 2004

Jacqueline Goodman

This paper investigates why mothers are losing to fathers in contested child custody battles that have occurred between 1980 and 2003. It employs quantitative, qualitative, and…

Abstract

This paper investigates why mothers are losing to fathers in contested child custody battles that have occurred between 1980 and 2003. It employs quantitative, qualitative, and contextual strategies to understand the complex set of forces involved. The findings suggest that single mothers and children are increasingly trapped in a war zone between cost conscious policymakers ideologically opposed to the welfare state, angry fathers shouldering the burden of a shift from public to private transfers of funding in the form of child support, religious zealots intent on turning back the clock to a mythical patriarchal Eden, and the legal doctrine of gender neutrality reflecting these political forces.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-262-7

Book part
Publication date: 30 June 2017

Cyril Ghosh

In this chapter, I suggest that Connecticut’s and other states’ recent discontinuation of civil unions in the name of marriage “equality” marginalizes and demeans marriage …

Abstract

In this chapter, I suggest that Connecticut’s and other states’ recent discontinuation of civil unions in the name of marriage “equality” marginalizes and demeans marriage – rejecting people who may nonetheless wish to codify their intimate partnerships – for purposes of legal “incidents,” including rights and privileges, like hospital visitation rights, testimonial privilege, inheritance rights, etc. In doing so, I also call for a rejuvenation of the practice of granting civil union licenses in these states.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-811-6

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Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

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A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

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Abstract

Details

Criminal Justice Responses to Maternal Filicide: Judging the failed mother
Type: Book
ISBN: 978-1-83909-621-1

1 – 10 of 22