The contributions to this collection are written by legal advocates, community activists and legal scholars. While the Introduction and Commentary provide a theoretical overview, the ten essays examine theories of intersectionality to demonstrate how race, class, sexual orientation, gender and identity have been integrated into legal scholarship and activism in an attempt to shape legal policy and practice.
Section 1, “Theory in Action,” addresses anti-racism in community legal practice, the legal construction of women’s sexuality as deviant, the protection of sexual orientation under human rights legislation, and the gender and racial characteristics of the judiciary. Section 2, “Organizations in Action,” looks at women’s place in the legal profession, international women’s rights, and disrupting discriminatory practices in the workplace. Section 3, “Law in Action,” discusses the rights of Native women, racial bias in legal judgements, and the recognition and protection of same-sex spousal rights.
Feminism, Law, Inclusion is an important contribution to the ongoing development of this critical discourse.
Surveying the Landscape: An Introduction to Feminism, Law, Inclusion – Rachel L. Osborne & Charles C. Smith
Commentary: Gender, Race, Class and Sexual Orientation: Theorizing the Intersections – Rebecca Johnson
PART I: THEORY IN ACTION
Chapter 1: Equity for Communities: Integrating Legal Counsel and Critical Race Theory – Erica Lawson & Amanda Hotrum
Chapter 2: In Absentia: Women and the Sexual as a Social Construct in Law – Gayle MacDonald
Chapter 3: The Fiction of Judicial Impartiality – Maryka Omatsu
Chapter 4: Preserving Heteronormativity: Trinity Western University v. British Columbia College of Teachers – Lori G. Beaman
PART II: ORGANIZATIONS IN ACTION
Chapter 5: Locating Landmarks: Producing an Educational Video on Women and the Law – Jan Kainer
Chapter 6: International Women’s Rights and Evidence-Based Advocacy – Marilou McPhedran
Chapter 7: An Attempt to Save Employment Equity: Community Advocacy versus the Ontario Government – Daina Green
PART III: LAW IN ACTION
Chapter 8: Gender Discrimination under the Indian Act: Bill C-31 and First Nations Women – Beverley Jacobs
Chapter 9: R.D.S. v. Her Majesty the Queen: A Case About Home – Sherene Razack
Chapter 10: M. v. H.: The Case for Gay and Lesbian Equality in Marriage and Family Law – Martha McCarthy & Joanna Radbord
Bibliography
Contributors
Biography
Gayle MacDonald is professor of Sociology at St. Thomas University in Fredericton. She is the co-author of Sex Workers in the Maritimes Talk Back (2006-7), the editor of Social Location and Social Context in the Sociology of Law (2002), and is currently editing a collection on women's resistance to law, with Ellen Faulkner.
Rachel Osborne is a policy advisor in the area of educational governance.
Charles Smith is Equity Advisor to the Canadian Bar Association and a Lecturer in Cultural Pluralism in the Arts at University of Toronto Scarborough.
"This book brims with insights about the ways in which law has compelled women to resist its burdens and challenge its partialities. The contributors take seriously theorizing and describing inclusive intersectionalities from feminist perspectives. It is a must read for well-informed scholars and activists, whether legally trained or not."— Beverley Baines, professor in Women's Studies and Law at Queen's University
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