Feminist Legal Methods

Bartlett, Katharine T.

doi:10.2307/1341478

Cited by 265 publications

(106 citation statements)

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“…On this system, authors affiliated to Feminist Theories of Law (BARTLETT, 1991) denounce that it incorporates ontological notions that underpin modern institutions, in which man is the universal referent and woman is the special and the derivative. As a consequence of this relationship, women's rights are subordinated to this subject, and always in reference to the same places: of sexuality, of conjugality and of procreation.…”

Section: Feminist Discourse Analysismentioning

confidence: 99%

“…On the other hand, the strategy of accommodating this decision to the conditions molded by a structure that, as denounced by the feminist theorists of the Law area (BARTLETT, 1991;CASTILHO, 2008;PIMENTEL, 2009), traditionally gave normative strength to the inequalities of gender, ends up not investing in the dismantling of such structure and, to the contrary, to some extent, collaborates with its permanence.…”

Section: Final Considerationsmentioning

confidence: 99%

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A Decisão Do STF Sobre Aborto De Fetos Anencéfalos: Uma Análise Feminista De Discurso

Freitas

2018

Alfa, rev. linguíst. (São José Rio Preto)

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■ ABSTRACT: This article presents an analysis of the Federal Supreme Court appellate decision in the Action for Breach of a Fundamental Precept number 54 (ADPF 54), which sought to resolve the controversy about the possibility of voluntary interruption of pregnancy in the case of fetuses with anencephaly. Through discourse analysis with a feminist approach, the paper focuses on the paradoxical way in which the Court met a feminist demand and women's rights movements: (1) concealing the bonds with activists of these groups and with the discourses they defend about the autonomy of women in relation to their bodies; 2) maintaining the traditionalist and androcentric standard of law. Thus, the analysis describes three language devices that stand out in the articulation of this paradox: explanation, naming and representation. The paper points the persistence of the traditional and androcentric paradigms in the Law field that Justice values and with which it operates. This study aims to contribute to the debate on the decriminalization of abortion in Brazil, as well as to discuss the relationship between language / gender / law.

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Section: Feminist Discourse Analysismentioning

confidence: 99%

Section: Final Considerationsmentioning

confidence: 99%

A Decisão Do STF Sobre Aborto De Fetos Anencéfalos: Uma Análise Feminista De Discurso

Freitas

2018

Alfa, rev. linguíst. (São José Rio Preto)

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“…To be transformative, tribunals will need to reflect on their reasons for valuing certain kinds of evidence more than others, and the ease with which oral testimony and documents may be fabricated. Feminist legal theorists have stressed the importance of 'asking the woman question' (Bartlett 1990); 'noticing the gender implications of apparently neutral rules and practices', 'paying particular and careful attention to the individuals before the court' and 'the reality of women's lived experience' (Hunter 2010, 35). By way of example, should the uncorroborated oral testimony of a woman who claims that she entrusted her child's father with cash toward the building of their home, be any less worthy of belief than the claim that a handwritten document represents the minutes of a meeting about family land?…”

Section: Social Power Relations and Access To Justicementioning

confidence: 99%

“…Secondly, an individual's ability to access justice is significantly affected by family and community power relations and the impact of pivotal social and political actors in legal spheres. Thirdly, courts must 'ask the woman question' (Bartlett 1990). Gendered power dynamics between litigants can easily affect the dynamics of dispute resolution and also shape the production of evidence which courts use when adjudicating land cases.…”

Section: Introductionmentioning

confidence: 99%

Transformation in Realising Women's Land Rights and Access to Justice: Lessons from the Law in Action in Tanzania

Dancer

2016

Proceedings of the African Futures Conference

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Women's land rights have been part of land law reform agendas taking place across Africa since the 1990s. In 1999 Tanzania was at the forefront, enshrining women's equal rights to land in the country's Land Acts. Yet how effective has the legislation been for women who claim a right to land in practice? Is an individual able to access justice effectively through the legal system? This paper examines the transformative possibilities and limits of Tanzania's land law reforms, both within and beyond the walls of the courtroom. It presents an overview of three lessons for policy and practice drawn from in-depth ethnographic research published in the author's book, Women, Land and Justice in Tanzania (Woodbridge: James Currey, 2015). It is argued, firstly, that an holistic approach to land, marriage and inheritance law reform is needed. Secondly, law reform does not in itself bring about social transformation. An individual's ability to access justice is significantly affected by key social and political actors within family and community who interact with local courts. Thirdly, courts must 'ask the woman question' and recognise the implicit male bias that shapes the production and weight given to certain kinds of evidence in land cases. Gendered norms and social power relations remain critical factors affecting women's land rights and access to justice in practice.

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“…In juxtaposing the parliamentary policy of law with the lived experience of IVF patients, I borrow from both a long tradition of feminist legal scholarship, which focuses upon giving greater attention to situation and context, and not ignoring individualized circumstances for the sake of abstract justice (Bartlett 1990;Haraway 1991), and the field of Science and Technology Studies (STS), which contextualises the interaction of law, science and technology (Jasanoff 2012). While my focus is largely upon Australia and on embryo storage, the broader claims I make-that policy in this area both creates and reinforces a particular purpose of a stored embryo-should not be restricted to this jurisdiction.…”

Section: Introductionmentioning

confidence: 99%

Tick Tock Goes the Clock: Rethinking Policy and Embryo Storage Limits

Stuhmcke

2014

Fem Leg Stud

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Cryopreservation of human embryos remains, in many jurisdictions, a critical component of the use of the technology of in vitro fertilisation (IVF) in assisted reproduction. However, although the reasons for the freezing of reproductive material-such as cost effectiveness and reducing risks of IVF-are a constant across jurisdictions, the desirable length of storage remains subject to ongoing regulatory debate. Internationally embryo storage limits are variable. This article features data from a recent Australian research project which explores individual attitudes, desires and understandings of law of IVF patients (and their partners) who had or who have embryos in storage. This article uses interviews from the study to argue that storage limits, like any apparently neutral regulatory tool, apply unequally causing unintended physical, mental and emotional harm-particularly to women. This analysis of storage limits exposes the interaction of time, science and law to create, apply and enforce norms and practices of 'natural' embryo storage, suggesting that the imposition of inflexible legislative restrictions upon embryo storage are socially contingent and value laden rather than 'natural' or 'scientific'. This outcome has relevance to wider debates over assisted reproduction policies, suggesting that legal frameworks should adopt more flexibility in application to the patients who use this technology.

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Feminist Legal Methods

Cited by 265 publications

References 0 publications

A Decisão Do STF Sobre Aborto De Fetos Anencéfalos: Uma Análise Feminista De Discurso

A Decisão Do STF Sobre Aborto De Fetos Anencéfalos: Uma Análise Feminista De Discurso

Transformation in Realising Women's Land Rights and Access to Justice: Lessons from the Law in Action in Tanzania

Tick Tock Goes the Clock: Rethinking Policy and Embryo Storage Limits

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