The Cambridge Companion to Gender and the Law

by Stéphanie Hennette Vauchez (Editor), Ruth Rubio-Marín (Editor)

Overview

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

Product Details

ISBN-13:	9781108713306
Publisher:	Cambridge University Press
Publication date:	01/26/2023
Series:	Cambridge Companions to Law
Pages:	500
Product dimensions:	5.98(w) x 9.02(h) x 0.83(d)

About the Author

Stéphanie Hennette Vauchez is Professor of Public Law at the Université Paris Nanterre, Director of the CREDOF (Centre d'études et de recherches sur les droits fondamentaux) and senior member of the Institut universitaire de France. Her research focuses on conceptual issues of equality and human rights law. She is the author and co-editor of numerous publications. Her most recent publications include How to Democratize Europe (2019) and Droits de l'homme et libertés fondamentales (2022).

Ruth Rubio-Marín is Professor of Constitutional Law at the University of Sevilla, Adjunct Professor at the School of Transnational Governance of the European University Institute, Florence, and Director of the UNIA UNESCO Chair in Human Rights and Interculturalism. Her research focuses on comparative constitutionalism, law and gender, immigration and citizenship, as well as transitional justice. Her most recent publications include Gender Parity and Multicultural Feminism: Towards a New Synthesis (2018), Women as Constitution Makers: Case Studies from the New Democratic Era (2019) and Global Gender Constitutionalism and Women´s Citizenship: A Struggle for Transformative Inclusion (2022).

Table of Contents

From law and gender to law as gender: the legal subject and the co-production hypothesis; Part I. Bodies: 1. The sexed subject Marie-Xaviere Catto and Stefano Osella; 2. The foetal subject: law, gender and embodiment Michael Thomson; 3. The terrorized subject: a critique of 'women', 'gender violence' and 'vulnerability' as legal categories Márcia Nina Bernardes and Sofia Martins; 4. The sexual subject: recasting the sexual citizen Melissa Murray; Part II. Functions: 5. The working subject: the collusion of law and gender in the construction of working subjects Joanne Conaghan; 6. The reproductive subject: the reproductive subject and the embodied state of international human rights law Joanna N. Erdman; 7. The caring subject Jonathan Herring; Part III. Communities: 8. The national subject Melanie Toombs and Kim Rubenstein; 9. The familial subject Fernanda G. Nicola and Ann Shalleck; 10. The political subject Stéphanie Hennette Vauchez and Ruth Rubio Marin.