Descripciones mejoradas de Syndetics:

Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.
In A Law of Her Own , the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.
A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.
Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

Tabla de contenidos provista por Syndetics

• Foreword(p. xiii)
• Acknowledgments(p. xv)
• Introduction(p. xvii)
• A Note on Sources and Citation(p. xxii)
• I The Idea and the Reality
• 1 Locked In and Locked Out(p. 3)
• The Legal Status of Women(p. 4)
• The Reasonable Person and the Status Quo(p. 5)
• 2 The Meaning of Equality(p. 8)
• Difference as a Double Bind(p. 9)
• The Sources of Difference(p. 12)
• Equality on Women's Terms(p. 14)
• The Reasonable Woman Applied(p. 17)
• II Sexual Harassment in the Workplace
• 3 Men, Women, and Sex at Work(p. 23)
• The Evolution of Hostile Environment Sexual Harassment(p. 25)
• Why Courts Should Adopt the Reasonable Woman Standard(p. 28)
• 4 How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Cases(p. 34)
• Why It Matters(p. 34)
• Love It or Leave It: Rabidue v. Osceola Refining Co.(p. 35)
• The Majority's Story(p. 36)
• The Dissent's Story(p. 39)
• Don't Try to Change Things: Robinson v. Jacksonville Shipyards, Inc.(p. 42)
• The Trial Judge's Story(p. 44)
• The Plaintiff's Experts(p. 48)
• The Defendant's Experts(p. 50)
• Can't You Take A Joke? Harris v. Forklift Systems, Inc.(p. 55)
• The Harris Facts(p. 56)
• Charles Hardy's Story(p. 59)
• The Magistrate's Story(p. 61)
• The Supreme Court Opinions(p. 66)
• 5 Gender, Race, Sexual Orientation, and the Reasonable Woman(p. 70)
• Female-on-Male Sexual Harassment(p. 71)
• Male-on-Male "Macho" Sexual Harassment(p. 73)
• Gay Men and Lesbians and Sexual Harassment(p. 78)
• The Reasonable Woman and Essentialism(p. 83)
• Questions and Complexities(p. 93)
• 6 The Reasonable Woman after Harris v. Forklift Systems(p. 97)
• Once a Model, Always a Model: Dellert v. Total Vision, Inc.(p. 98)
• Smoke Gets in Your Eyes: Baskerville v. Culligan International Company(p. 103)
• "My Girl": Eckroth v. Rockford Products Co.(p. 109)
• Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North America(p. 111)
• Making a Difference(p. 119)
• III Stalking
• 7 Stalking and the Gendered Meaning of Reasonable Fear(p. 123)
• Stalking Law(p. 130)
• Stalking Remedies(p. 130)
• Reasonable Fear--A Woman's Perspective(p. 133)
• Incorporating Women's Perspectives(p. 135)
• 8 The Continuum of Stalking, Sexual Harassment, and Domestic Homicide(p. 138)
• Stalking and Sexual Harassment(p. 138)
• The Love-Struck Stalker: Ellison v. Brady(p. 139)
• No Such Thing as an Unlisted Number: Fuller v. City of Oakland(p. 144)
• Stalking and Domestic Homicide(p. 148)
• "Sorry, Lady"(p. 149)
• Sometimes the Stalker Loses Too(p. 151)
• IV Domestic Homicide
• 9 Slips in a Dangerous Game(p. 157)
• The Spectrum of Domestic Violence(p. 157)
• Why People Kill Their Intimates(p. 161)
• The Law of Domestic Homicide(p. 163)
• Domestic Homicide and the Reasonable Woman(p. 167)
• 10 "Provoked" Intimate Homicide(p. 170)
• The Law of "Crimes of Passion"(p. 172)
• The Reasonable Woman and Passion/Provocation Homicide(p. 175)
• The Cases(p. 178)
• "There Are Murders and There Are Murders"(p. 180)
• A False Parity: The "Domestic Dispute"(p. 183)
• Blinders on Justice: People v. Berry(p. 185)
• Stalking Shows His Distress, Lessening the Crime: Farinas v. State(p. 189)
• Prepared for Deadly Rage: Moye v. State(p. 192)
• A Real Crime of Passion: "Rough Sex"(p. 193)
• On the Importance of Words(p. 195)
• 11 When Battered Women Kill(p. 197)
• The Law of Self-Defense(p. 200)
• When Battered Women Assert Self-Defense(p. 203)
• Damned If She Does: Commonwealth v. Stonehouse(p. 207)
• Sometimes They Get It (Almost) Right(p. 214)
• The Reasonable Woman and Self-Defense(p. 216)
• V Rape
• 12 Rape and the Use and Misuse of the Reasonable Woman(p. 221)
• The Law of Rape(p. 226)
• Women, Sex, and the Male Gaze(p. 227)
• Unrapeable Women(p. 229)
• How Can You Rape Your Own Wife?(p. 232)
• "She Asked for It"(p. 234)
• How Many Prostitutes Must He Rape before a Man Is a Rapist?(p. 235)
• Getting It Right(p. 237)
• What Would a Reasonable Woman Do?(p. 239)
• Postscript(p. 241)
• References(p. 243)
• Books, Journals, Articles, Briefs, and Reports(p. 243)
• Cases(p. 252)
• Statutes(p. 254)
• Index(p. 255)
• About the Authors(p. 261)

Reseñas proporcionadas por Syndetics

CHOICE Review

American law reflects a male perspective. Historically, this bias reinforced a paternal view of women who were denied the legal rights of men. Women could not vote, own property, or pursue certain professions. Even today, tort law adjudicates responsibility premised upon a "reasonable man" standard. Criminal law, especially law dealing with violence against women, examines culpability from the point of the male aggressor and not from the perspective of the female victim. Such a perspective, according to the authors, fails to protect women from violence and harassment. Forell and Matthews argue for the adoption of the "reasonable woman" standard in areas concerning sex and violence. Such a standard looks at violence and sexual aggression from a female perspective and is rooted in the realities of women's experiences. It would also better protect from discrimination victims, both female and male, the latter in terms of male-to-male attacks. After initial chapters review the law on gender, the book explores the evolution of the reasonable woman standard in current case law and how it would be applied to workplace discrimination, stalking, domestic homicide, and rape. An excellent supplement to collections on women and the law and gender discrimination. Recommended at all levels. D. Schultz; Hamline University

Notas de autor provistas por Syndetics

Caroline A. Forell is Professor of Law at the University of Oregon.