Chapter

Law, Justice, and Gender

Flavia Agnes

in Family Law Volume 1

Published in print April 2011 | ISBN: 9780198067900
Published online September 2012 | e-ISBN: 9780199081295 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198067900.003.0003
Law, Justice, and Gender

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In this introductory chapter, the three primary concerns of the volume are discussed. The first section focuses on ‘law’, which does not reflect legal positivism, but is a social mediator of relationships between people in a broader spectrum of legal realism. This is followed by a section on the concept of ‘justice’, where it is examined in the context of legal interpretations of women’s claims. Finally, ‘gender’ is studied within the contours of feminist legal theory. This includes three specific themes, namely: equality, universal human rights, and the use of the generic term ‘women’. The chapter ends with a summary of the next two chapters.

Keywords: law; legal positivism; legal realism; justice; legal interpretations; feminist legal theory; equality; universal human rights; gender

Chapter.  5903 words. 

Subjects: Family Law

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