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Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


Judicial Rulemaking and the Institutionalization of European Union Sex Equality Policy

Rachel A. Cichowski

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0006
Subject:
Political Science, European Union

An examination is made of the impact of the European Court of Justice (ECJ) on the institutional evolution of European Union sex equality policy, following the provision in the Treaty of Rome (Art. ... More


The Judicial Construction of Europe

Alec Stone Sweet

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.001.0001
Subject:
Political Science, European Union

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ... More


Gender, Caste, and Law

Cass R. Sunstein

in Women, Culture, and Development: A Study of Human Capabilities

Published in print:
1995
Published Online:
November 2003
ISBN:
9780198289647
eISBN:
9780191596698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198289642.003.0014
Subject:
Economics and Finance, Development, Growth, and Environmental

Sunstein explores the issue of law and its impact on women's quality of life, scrutinizing how law sustains and supports discrimination against women and how it might embody a commitment to sex ... More


The Family-State Relationship in Contemporary Political Theory and Public Policy

Maxine Eichner

in The Supportive State: Families, Government, and America's Political Ideals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195343212
eISBN:
9780199867769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343212.003.0002
Subject:
Political Science, Political Theory

This chapter considers the ideological stumbling blocks that have prevented an adequate conceptualization of the family–state relationship in both American theory and public policy. The first part ... More


Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States

Deborah Mabbett

in Promoting Solidarity in the European Union

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199583188
eISBN:
9780191594502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199583188.003.0010
Subject:
Law, Constitutional and Administrative Law, EU Law

This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to ... More


Nature, Culture, and Social Engineering: Reflections on Evolution and Equality

Linda C. Mcclain

in Evolution and Morality: NOMOS LII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814771228
eISBN:
9780814737828
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814771228.003.0012
Subject:
Political Science, Political Theory

This concluding chapter examines arguments that nature constrains feminist law reform. Appeals to nature argue that brain science and evolutionary psychology find significant differences between ... More


Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work

Claire Kilpatrick

in Labour Law in an Era of Globalization: Transformative Practices and Possibilities

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199271818
eISBN:
9780191699542
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271818.003.0026
Subject:
Law, Employment Law

This chapter considers the potential role of transnational legal institutions in countering the diminished capacity of the nation-state to advance progressive legal reform. Focusing on the ... More


Discriminating Pleasures

Marc Spindelman

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0015
Subject:
Law, Employment Law

This chapter discusses the relevance of Oncale v. Sundowner Offshore Services, Inc., and the Supreme Court's announcement that same-sex sexual harassment can be actionable sex discrimination under ... More


Defenses of Pornography

Andrew Altman

in Debating Pornography

Published in print:
2019
Published Online:
December 2018
ISBN:
9780199358700
eISBN:
9780199358731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199358700.003.0010
Subject:
Philosophy, Moral Philosophy, Feminist Philosophy

This chapter addresses criticisms of the sex equality approach from those who argue that pornography is a right flowing from a right to freedom of expression—the free speech defense of pornography, ... More


Sex, Equality, and Pornography

Lori Watson

in Debating Pornography

Published in print:
2019
Published Online:
December 2018
ISBN:
9780199358700
eISBN:
9780199358731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199358700.003.0008
Subject:
Philosophy, Moral Philosophy, Feminist Philosophy

This chapter explains, develops, and defends a sex equality approach to pornography, in which pornography is understood as a practice of sex-based inequality and sex discrimination. The chapter ... More


Public Reason and Prostitution

Christie Hartley

in Equal Citizenship and Public Reason: A Feminist Political Liberalism

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190683023
eISBN:
9780190683061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683023.003.0008
Subject:
Philosophy, Feminist Philosophy, Political Philosophy

This chapter critically engages with the “sex work” approach to prostitution and argues that treating “sex work” like any other form of work is neither possible nor compatible with valuing the ... More


The Non-discrimination Principle: Unbounding the State?

Turkuler Isiksel

in Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198759072
eISBN:
9780191819698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198759072.003.0007
Subject:
Law, EU Law

This chapter analyzes the evolution of the EU’s non-discrimination principle from a norm designed to promote market integration into a constitutional framework for equal treatment. Although it ... More


Childbirth and the ‘Position’ of Women

Ann Oakley

in From Here to Maternity: Becoming a Mother

Published in print:
2018
Published Online:
May 2019
ISBN:
9781447349341
eISBN:
9781447349365
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447349341.003.0001
Subject:
Sociology, Gender and Sexuality

This chapter considers how the meaning of childbirth is interlocked with a society's attitudes towards women, arguing that it is important to appreciate the history of motherhood as it appears to us ... More


Analogical Arguments and Sex Equality

Kate Greasley

in Arguments about Abortion: Personhood, Morality, and Law

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198766780
eISBN:
9780191821059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766780.003.0005
Subject:
Law, Human Rights and Immigration

This chapter analyses the view that considerations of sex equality relegate the personhood question to irrelevancy in the abortion debate. That is, sex equality is a sound basis for abortion rights ... More


Feminist Legal Theory

Catharine Mackinnon

in Legal Intellectuals in Conversation: Reflections on the Construction of Contemporary American Legal Theory

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814737071
eISBN:
9780814745434
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737071.003.0007
Subject:
Law, Legal History

This chapter presents an interview with Catharine MacKinnon, the Elizabeth A. Long Professor of Law at the University of Michigan and James Barr Ames Visiting Professor of Law at Harvard Law School. ... More


Political Liberalism and Marriage

Christie Hartley

in Equal Citizenship and Public Reason: A Feminist Political Liberalism

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190683023
eISBN:
9780190683061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683023.003.0010
Subject:
Philosophy, Feminist Philosophy, Political Philosophy

This chapter considers whether political liberals can and should recognize and support legal marriage as a matter of basic justice. A general account of how political liberals should evaluate the ... More


Social Norms, Choice, and Work

Christie Hartley

in Equal Citizenship and Public Reason: A Feminist Political Liberalism

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190683023
eISBN:
9780190683061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683023.003.0009
Subject:
Philosophy, Feminist Philosophy, Political Philosophy

In modern liberal democracies, the gendered division of labor is partially the result of men and women making different choices about work and family life, even if such choices stem from social norms ... More


Spillovers in Selecting Europe’s Judges: Will the Criterion of Gender Equality Make it to Luxembourg?

Bilyana Petkova

in Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198727781
eISBN:
9780191794117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727781.003.0011
Subject:
Law, EU Law, Legal Profession and Ethics

This chapter examines both horizontal and vertical spillovers, ie mutual influence beyond mere accidental similarities between jurisdictions, in establishing new norms for the selection of judges in ... More


Gender Security in North Korea

Kyung-Ae Park

in Non-Traditional Security Issues in North Korea

Published in print:
2013
Published Online:
November 2016
ISBN:
9780824837396
eISBN:
9780824871154
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824837396.003.0003
Subject:
Society and Culture, Asian Studies

This chapter explores the gendered impacts of the economic crisis in order to examine how it has affected women’s economic security in North Korea. North Korean women experienced a series of profound ... More


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