Sex, Rape And Shame,
IIT Chicago-Kent College of Law
Sex, Rape And Shame, Katharine K. Baker
All Faculty Scholarship
This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it ...
African Customary Law, Customs, And Women's Rights,
Trinity College, Oxford
African Customary Law, Customs, And Women's Rights, Muna Ndulo
Indiana Journal of Global Legal Studies
The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is ...
Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?,
University of Maryland Francis King Carey School of Law
Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Economics Of Dowry: Causes And Effects Of An Indian Tradition,
Harvard University
The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi
University Avenue Undergraduate Journal of Economics
I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by ...
The Legacy Of Colonialism: Law And Women's Rights In India,
University of Florida Levin College of Law
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
UF Law Faculty Publications
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in ...
Financial Freedom: Women, Money, And Domestic Abuse,
William & Mary Law School
Financial Freedom: Women, Money, And Domestic Abuse, Dana Harrington Conner
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification,
Golden Gate University School of Law
Homicide In Response To A Threat Of Rape: A Theoretical Examination Of The Rule Of Justification, Judith Fabricant
Golden Gate University Law Review
This paper will attempt to show the criminal law has permitted homicide when committed in order to prevent crimes which threaten harm so severe and permanent as to be incapable of repair through subsequent legal proceedings. Rape has consistently been regarded as such a crime. The paper will identify the interests which rape has been seen to threaten as those interests which derive their significance from a social system in which women are the property of men. It will argue that, to the extent changing social values have reduced the significance of those interests, they are no longer adequate to ...
Racism And Patriarchy In The Meaning Of Motherhood,
University of Pennsylvania Carey Law School
Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts
Faculty Scholarship at Penn Law
No abstract provided.
Estimating Gender Disparities In Federal Criminal Cases,
University of Michigan Law School
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Law & Economics Working Papers
This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by ...
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright,
American University Washington College of Law
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
