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Law & Policy
Review Essays of Academic, Professional & Technical Books in the Humanities & Sciences
Gender and Law
Marshall also wrote
Humanity, Freedom And Feminism (Applied Legal Philosophy: Ashgate):
While some feminists seek to use ideas of the 'universal human
subject' to include women, others argue that such ideas are
intrinsically masculine and exclude the feminine. This book analyzes
and critiques 'second wave' feminists who discuss how philosophers
such as Plato and Aristotle, Descartes, Hobbes and Kant regard human
beings and their capacities. The author suggests adopting an
inclusive universal concept of the human being, drawn from ideas of
positive liberty from the liberal tradition, Hegelian ideas of the
formation of the free human being in society, and care ethics. The
book links this theoretical perspective to international human
rights and humanitarian law, drawing together areas of theory
usually presented separately. These include the liberal theory of
the individual (particularly individual freedom, feminist critiques
and theories of subjectivity), globalization and global identity
issues and the theory of human rights law, with the focus resting on
human subjectivity and ethics. While the focus is on Anglo-American
jurisprudence, this is combined with continental philosophy,
international human rights issues and a Yugoslav war crimes case
study.
Marshall also wrote
Gender and the Law: Contemporary Issues and Trends (Routledge
Cavendish) Providing an essential reference point for undergraduates
and postgraduates studying gender and the law, this book covers
areas such as feminist jurisprudence, family law and motherhood,
criminal law and international humanitarian and human rights law.
Current themes including personal autonomy, liberal neutrality,
identity politics and essentialism are explored.
But rather than being a purely descriptive black letter textbook the
book provides scholarly analysis by references to themes, trends and
theoretical perspectives in contemporary legal developments. The key
strengths and weaknesses involved in highlighting gender in the law
are investigated, with each chapter showing whether gender impacts
on the relevant area of law, and how it does so. Primary and
secondary source materials are interpreted from different
perspectives to clarify trends and forecast future developments.
Through this analysis the book helps the reader to critically
evaluate for themselves the issues, and to obtain a more critical
view of the relevant areas of law.