Law and Gender in Modern Ireland


Book Description

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.




Sexual Politics in Modern Ireland


Book Description

Includes biographical notes on the contributors.




Gender and Power in Irish History


Book Description

This collection of articles poses the question: What can gender history add to the traditional narrative of Irish history? How can it help us to understand the ways in which power operated in and flowed through Irish society? It is premised on the assumption that men and women are actors in the creation of their society, influenced by the ideology of the period, but also challenging and resisting the assumptions and beliefs of their era. The articles included in this collection are far-ranging and thematically diverse, united by the common theme of gender. While women play a dominant role in its pages, it makes visible the power and presence of men. Sometimes implicit, sometimes explicit, the history written on these pages is a history of the ways in which women and men constructed, negotiated and made visible the roles, ideas and representations that governed their particular society. In so doing, it provides an alternative reading to the traditional narrative of Irish history. This book focuses mainly on the modern period and includes two articles from outside of Ireland which provides a comparative focus. It also includes a theoretical introductory section on the nature of gender history from three leading Irish historians.




Married Women and the Law in Premodern Northwest Europe


Book Description

Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries.




The Modern Family


Book Description

The Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its members. The definition of 'the family' has changed enormously over the past generation with the enactment of ground-breaking legislation which has redefined our legal understanding of what constitutes 'a family.' For example, the Marriage Act 2015, which recognizes full legal marriage between two persons of the same sex redefining the traditional definition of marriage; the Children and Family Relationships Act 2015 gives full legal recognition to children born as a result of IVF and their parents, who may not be the biological parents; the Gender Recognition Act 2015 allows transgendered persons to register their preferred gender and recognizes a marriage of a transgendered person subsequent to their change of gender. Furthermore, the law recognizes persons who live as a couple, with or without children, who are not married. The Modern Family: Relationships and the Law explains the rights and obligations of the modern Irish family. Issues such as taxation, children, relationship breakdown, rights of cohabitants, succession, IVF, and court procedures are all addressed. A useful Frequently Asked Questions is also included. This accessible book will be of great interest to members of the public seeking information on family-related legal matters, as well as for solicitors, barristers, and other legal professionals. [Subject: Family Law, Irish Law]




Law and Gender in Modern Ireland


Book Description

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.




Northern / Irish Feminist Judgments


Book Description

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast




The Logics of Gender Justice


Book Description

When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.




The Princeton History of Modern Ireland


Book Description

An accessible and innovative look at Irish history by some of today's most exciting historians of Ireland This book brings together some of today's most exciting scholars of Irish history to chart the pivotal events in the history of modern Ireland while providing fresh perspectives on topics ranging from colonialism and nationalism to political violence, famine, emigration, and feminism. The Princeton History of Modern Ireland takes readers from the Tudor conquest in the sixteenth century to the contemporary boom and bust of the Celtic Tiger, exploring key political developments as well as major social and cultural movements. Contributors describe how the experiences of empire and diaspora have determined Ireland’s position in the wider world and analyze them alongside domestic changes ranging from the Irish language to the economy. They trace the literary and intellectual history of Ireland from Jonathan Swift to Seamus Heaney and look at important shifts in ideology and belief, delving into subjects such as religion, gender, and Fenianism. Presenting the latest cutting-edge scholarship by a new generation of historians of Ireland, The Princeton History of Modern Ireland features narrative chapters on Irish history followed by thematic chapters on key topics. The book highlights the global reach of the Irish experience as well as commonalities shared across Europe, and brings vividly to life an Irish past shaped by conquest, plantation, assimilation, revolution, and partition.




New Beginnings


Book Description

"New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.