This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory.
Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme.
It addresses a range of questions, including:
- Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics?
- Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law.
Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
Table of Contents
Introduction: Historicizing Choice and Consent Part 1: Theorizing Choice and Consent: Women's Autonomy Caught between the Public and the Private: Can Family Law Escape the Father? Cogito ergo sum never Brought Anyone into the World: The Politics of Consent. Freedom and Capacity to Make a Choice: Reframing of the Concept of Consent Part 2: Operationalizing Choice and Consent: Stories of Mistaken Consent Without Consent: Trafficking in Women. The Choice is Yours, or is it? Girl Children and Consent to Medical Treatment. The Personal is Economic: Equality, Federalism and Choice in the Maternity and Parental Leave Debate. Consent in Violent Relationships
Rosemary Hunter is Professor of Law at the University of Kent, UK and Sharon Cowan is a lecturer in law at the School of Law at Edinburgh University.