LAW4151

Law, gender and feminism 406

Ms B Gaze

6 points - Two 1.5-hour or one 1-hour and one 2-hour seminar per week - Clayton

Objectives On completion of this subject students should have (1) acquired an understanding of the basic themes and major issues of feminist legal theory; (2) developed the ability to critically analyse and evaluate the law's treatment of questions of gender and personal identity and the effect of gender on legal knowledge; and (3) practised and improved their research and writing skills, and their ability to carry out research in and about law from a feminist perspective, as well as their skills in oral presentation through class presentation and participation.

Synopsis After an introduction to some basic elements of feminist theory and a feminist perspective, its development as feminist legal theory in the legal context is considered. Feminist legal theory presents a fundamental challenge to existing knowledge about law by questioning 'taken for granted' assumptions about gender, gender roles and the neutrality of legal knowledge and practice. Themes such as the public/ private distinction, ideas of neutrality or objectivity in law, the concepts of equality, difference and discrimination, equal treatment or different treatment of men and women, and differences within these categories, provide a framework for analysis of specific legal doctrine and general legal approaches. Some areas of law will be selected for closer study based on the interests of students taking the course and current issues, from areas such as sex and sexuality (eg criminal and medical approaches), family relationships, women's economic dependence or independence (on men, the state, or work), the legal construction of (male and female) gender, and the critique of male-centred concepts of equality and human rights. The course will conclude with an evaluation of the impact of feminist legal theory, the unresolved problems it faces, and possible future directions.

Assessment Research paper (2500-3000 words): 30% - or (with approval) research paper (4500-5000 words): 50% - Class presentation on research (optional): 20% - Final examination for the balance of the marks: 70%, 50% or 30%

Texts

Reading texts will be produced for the course in the Law Faculty

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