Intended for use in courses on law and society, as well as courses in women's and gender studies, women and politics, and women and the law - this book that takes up the question of what women judges signify in several different jurisdictions in the United States, United Kingdom, and European Union. In so doing, its empirical case studies uniquely offer a model of how to study gender as a social process rather than merely studying women and treating sex as a variable. A gender analysis yields a fuller understanding of emotions and social movement mobilization, backlash, policy implementation, agenda setting, and representation. Lastly, the book makes a non-essentialist case for more women judges, that is, one that does not rest on women's difference.

This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota

When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

Although there have been notable gains for women globally in the last few decades, gender inequality and gender-based inequities continue to impinge upon girls' and women's ability to realize their rights and their full potential as citizens and equal partners in decision-making and development. In fact, for every right that has been established, there are millions of women who do not enjoy it. In this book, studies from Latin America and the Caribbean, the Middle East and North Africa, and sub-Saharan Africa and South Asia are prefaced by an introductory chapter that links current thinking on.

"Martin and Jurik provide a clear body of evidence illuminating the gendered nature of criminal justice occupations. Of the multitude of feminist works on this topic, this is one of the best analyses available." —CRIMINAL JUSTICE REVIEW Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations is a highly readable, sociologically grounded analysis of women working in traditionally male dominant justice occupations of law, policing, and corrections. This Second Edition represents not only a thorough update of research on women in these fields, but a careful reconsideration of changes in justice organizations and occupations and their impact on women′s justice work roles over the past 40 years. New to the Second Edition: Introduces a wider range of workplace diversity and experiences: An expanded sociological theoretical framework grasps the interplay of gender, race, ethnicity, and sexual orientation in understanding workplace identities and inequities. Provides a better understanding of the centrality of gender issues to understanding the legal and criminal justice system in general: This edition further connects women′s work experiences to social trends and consequent changes in legal system and in criminal justice agencies. Offers a more international perspective: More material is included on women lawyers, police, and correctional officers in countries outside the U.S. Intended Audience: This is an excellent supplemental text for advanced undergraduate and graduate courses such as Gender & Work; Women and Work; Sociology of Work and Occupations; Women and the Criminal Justice System; and Gender Justice in the departments of Sociology, Criminal Justice, Women′s Studies, and Social Work.

This book reframes gender and education issues from a feminist and capabilities perspective through a multi-generational study of women as teachers. It explores how different understandings of gender, equality and education generate a variety of approaches with which to pursue gender equality in education. Through employing the capabilities approach in a critical and innovative way to question justice, agency and well-being and also to evaluate valued functionings and capabilities, freedoms and lack of opportunities in women’s lives in Turkey it highlights the need for constructing a gender-just society. The book takes a closer look at these women’s memories, in order to understand how gender roles were created, negotiated and contested, and how the transition to modern ways of socialising and existing was shaped and women’s emancipation was guided by women teachers as social actors, rather than as passive onlookers or oppressed individuals. It provides important insights and critical evidence to be used in the planning and implementation of education and social/gender policies.