Monash University Law Handbook, 1997

LAW4151

Law, gender and feminism 406

Not offered in 1997

Ms B Gaze

6 points
* Two 1.5-hour or one 1-hour and one 2-hour seminar per week
* One semester
* 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 (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 Feminist theory is introduced and its development as feminist legal theory in the legal context considered. Feminist legal theory presents a fundamental critique to existing knowledge about law by questioning `taken for granted' assumptions in law about gender and gender roles. Themes such as the public/private distinction, ideas of neutrality or objectivity in law, and equal treatment or different treatment of men and women provide a framework for analysis of specific areas of legal doctrine, and of general legal approaches. Some areas of law will be selected for closer study from such fields as sex and sexuality (eg criminal and medical approaches), family relationships, and women's economic dependence (on men, the state, or work) or independence. 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

Graycar R and Morgan J The hidden gender of law Federation Press, 1990

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