This thesis is an exercise in the historical use of legal analysis. It illuminates the social construction of gender in an era of changing social mores, by relating rape doctrines to demographic, economic, social, and cultural changes. Changes in the rape law of early Industrial Britain (1800-1860) are examined as: 1). results of ideological changes since the eighteenth century; and 2). causes of the creation of Victorian sexual culture. The ideology of Separate Spheres for men and women led to a fearful sexual regime which prescribed chaperoning to ensure womens chastity. Law made womens avoidance of being alone outside, where they could become prey of strange men, a requirement for sexual respectability, because rape became more difficult to prove.<p>The 1817 rural Midlands murder case of Rex versus Abraham Thornton caused popular controversy because the judge said physical evidence of brutal sex was not inconsistent with consensual sex: the woman could have been persuaded by violence: reasonable doubt on the rape meant the accused was presumed to lack a motive to kill the deceased. Thornton was influential on law and gender ideology. Consent to forcethe idea that a woman could meaningfully consent to sex after violencewas extended in later rape cases. Secondly, even though the public reacted against Thorntons acquittal, popular culture interpreted it to support Stranger Dangerthat women risk rape by strangers while out alone, and should remain at home unless accompanied by trusted men. Consent to Force and Stranger Danger worked at different levels of the social hierarchy. But both served to extend Separate Spheres to working class women.<p>Law undermined traditional mores which had supported the North West European marriage systemlate marriage, small age difference between brides and grooms, nuclear family households, and numerous adolescents working in others homes as servants, resulting in low rates of premarital births during long courtships. Young commoners had managed a sexual balancing act by engaging in sexual exploration while refraining from vaginal intercourse. Late marriage, very low illegitimacy, and high rates of prenuptial conceptions of first marital births, resulted from young couples engaging in sexual intercourse only when conditions for marriage were right. Young men had to marry pregnant sweethearts, because communities could identify putative fathers.<p>Industrialization threw the North West marriage system out of balance: young men became more mobile and able to evade forced marriage. It also became more difficult for young men, especially artisans, to achieve the status traditionally associated with marriage. This sexual crisis was exacerbated by upper class libertinism spreading to commoner men. The Thornton case promoted libertinism among all men, to allow men of higher class to approach lower class women for prostitution.<p>The moral denigration of lower class women under rape law after Thornton was the flip side of the association of marriage with making wives consent to sex upon demand by their husbands, under Fraternal Patriarchy. Categorizing women as bad girls or good girls became central to rape law, yet illusory. Lower class women persuadable by force were subjected to similar constraints as wives: both were to think selflessly about fulfilling mens needs. Bourgeois wives, like domestic servants, entered lifelong contracts to serve heads of households upon demand. Domestic torts based upon the property right of masters of households to service provided by wives and children, as well as servants, linked treatment of different classes of women. <p>But because lower class women were not marriageable to elite men, their premarital chastity was not considered as valuable. Working class womens gender value was discounted; working class men were emasculated as potential heads of households, by economic instability interfering with marriage, the displacement of mens authority over wives to their employers, and the 1834 New Poor Law, which proposed removing wives and children from working class husbands and fathers when they went onto relief. De-gendering of lower class women and men was reflected in the difficulty that lower class men had in obtaining damages for domestic torts. Privileging of the bourgeois with respect to gender contributed to the failure of feminist and labour movements to cement a political alliance. Industrial-era rape doctrines were ultimately applied to all women rape complainants, regardless of class status, and became the basis for the anti-victim rape laws which second wave feminists analyzed and opposed. Modern rape law still presents women with similar challenges, based upon rape myths like Stranger Danger.

This thesis is an exercise in the historical use of legal analysis. It illuminates the social construction of gender in an era of changing social mores, by relating rape doctrines to demographic, economic, social, and cultural changes. Changes in the rape law of early Industrial Britain (1800-1860) are examined as: 1). results of ideological changes since the eighteenth century; and 2). causes of the creation of Victorian sexual culture. The ideology of Separate Spheres for men and women led to a fearful sexual regime which prescribed chaperoning to ensure womens chastity. Law made womens avoidance of being alone outside, where they could become prey of strange men, a requirement for sexual respectability, because rape became more difficult to prove.<p>The 1817 rural Midlands murder case of Rex versus Abraham Thornton caused popular controversy because the judge said physical evidence of brutal sex was not inconsistent with consensual sex: the woman could have been persuaded by violence: reasonable doubt on the rape meant the accused was presumed to lack a motive to kill the deceased. Thornton was influential on law and gender ideology. Consent to forcethe idea that a woman could meaningfully consent to sex after violencewas extended in later rape cases. Secondly, even though the public reacted against Thorntons acquittal, popular culture interpreted it to support Stranger Dangerthat women risk rape by strangers while out alone, and should remain at home unless accompanied by trusted men. Consent to Force and Stranger Danger worked at different levels of the social hierarchy. But both served to extend Separate Spheres to working class women.<p>Law undermined traditional mores which had supported the North West European marriage systemlate marriage, small age difference between brides and grooms, nuclear family households, and numerous adolescents working in others homes as servants, resulting in low rates of premarital births during long courtships. Young commoners had managed a sexual balancing act by engaging in sexual exploration while refraining from vaginal intercourse. Late marriage, very low illegitimacy, and high rates of prenuptial conceptions of first marital births, resulted from young couples engaging in sexual intercourse only when conditions for marriage were right. Young men had to marry pregnant sweethearts, because communities could identify putative fathers.<p>Industrialization threw the North West marriage system out of balance: young men became more mobile and able to evade forced marriage. It also became more difficult for young men, especially artisans, to achieve the status traditionally associated with marriage. This sexual crisis was exacerbated by upper class libertinism spreading to commoner men. The Thornton case promoted libertinism among all men, to allow men of higher class to approach lower class women for prostitution.<p>The moral denigration of lower class women under rape law after Thornton was the flip side of the association of marriage with making wives consent to sex upon demand by their husbands, under Fraternal Patriarchy. Categorizing women as bad girls or good girls became central to rape law, yet illusory. Lower class women persuadable by force were subjected to similar constraints as wives: both were to think selflessly about fulfilling mens needs. Bourgeois wives, like domestic servants, entered lifelong contracts to serve heads of households upon demand. Domestic torts based upon the property right of masters of households to service provided by wives and children, as well as servants, linked treatment of different classes of women. <p>But because lower class women were not marriageable to elite men, their premarital chastity was not considered as valuable. Working class womens gender value was discounted; working class men were emasculated as potential heads of households, by economic instability interfering with marriage, the displacement of mens authority over wives to their employers, and the 1834 New Poor Law, which proposed removing wives and children from working class husbands and fathers when they went onto relief. De-gendering of lower class women and men was reflected in the difficulty that lower class men had in obtaining damages for domestic torts. Privileging of the bourgeois with respect to gender contributed to the failure of feminist and labour movements to cement a political alliance. Industrial-era rape doctrines were ultimately applied to all women rape complainants, regardless of class status, and became the basis for the anti-victim rape laws which second wave feminists analyzed and opposed. Modern rape law still presents women with similar challenges, based upon rape myths like Stranger Danger.

v anglickém jazyce Feminist Legal Theory The master's thesis deals with the feminist legal theory, a young and dynamic legal field which is one of the challenges of current law. This theory is a combination of law and gender studies. Its focus lies in Anglo-American system of law, in which it has a dignified place among legal theories. In the Czech legal system, the feminist legal theory is not well known, but for those interested, the Faculty of Law of Charles University opens a compulsory subject Gender and Law regularly in the summer semester. The thesis is based mainly on sources in English, which were made available to the students participating in this subject. In the Czech language, no comprehensive publication has yet been published on the topic of feminist legal theory. The objective of this thesis was to elaborate this extensive legal field and present it to potential Czech readers. The structure of the thesis consists of an introduction, three main content parts and a conclusion. The parts are further divided into chapters, paragraphs, and sections. The first part deals with the concepts of feminism and gender, which represent the basic theoretical basis for the study of feminist legal theory. A separate chapter is reserved for each of the concepts, classifying them in the historical...

Geo-immersive technologies digitally map public space for the purposes of creating online maps that can be explored by anyone with an Internet connection. This thesis considers the implications of their growth and argues that if deployed on a wide enough scale they would pose a threat to the autonomy of Canadians. I therefore consider legal means of regulating their growth and operation, whilst still seeking to preserve them as an innovative tool. I first consider the possibility of bringing invasion of privacy actions against geo-immersive providers, but my analysis suggests that the jurisprudence relies on a reasonable expectation of privacy approach that makes it virtually impossible for claims to privacy in public to succeed. I conclude that this can be traced to an underlying philosophy that ties privacy rights to an idea of autonomy based on shielding the individual from the collective. I argue instead considering autonomy as relational can inform a dialectical approach to privacy that seeks to protect the ability of the individual to control their exposure in a way that can better account for privacy claims made in public. I suggest that while it is still challenging to craft a private law remedy based on such ideas, Canada’s data protection legislation may be a more suitable vehicle. I criticize the Canadian Privacy Commissioner’s current approach to geo-immersive technologies as inadequate, however, and instead propose an enhanced application of the substantive requirements under Schedule 1 of PIPEDA that is consistent with a relational approach to privacy. I suggest this would serve to adequately curtail the growth of geo-immersive technologies while preserving them as an innovative tool. I conclude that despite criticisms that privacy is an inadequate remedy for the harms of surveillance, in certain commercial contexts the fair information principles can, if implemented robustly, serve to regulate the collection of personal information at source in a fashion that greatly restricts the potential for those harms.

Geo-immersive technologies digitally map public space for the purposes of creating online maps that can be explored by anyone with an Internet connection. This thesis considers the implications of their growth and argues that if deployed on a wide enough scale they would pose a threat to the autonomy of Canadians. I therefore consider legal means of regulating their growth and operation, whilst still seeking to preserve them as an innovative tool. I first consider the possibility of bringing invasion of privacy actions against geo-immersive providers, but my analysis suggests that the jurisprudence relies on a reasonable expectation of privacy approach that makes it virtually impossible for claims to privacy in public to succeed. I conclude that this can be traced to an underlying philosophy that ties privacy rights to an idea of autonomy based on shielding the individual from the collective. I argue instead considering autonomy as relational can inform a dialectical approach to privacy that seeks to protect the ability of the individual to control their exposure in a way that can better account for privacy claims made in public. I suggest that while it is still challenging to craft a private law remedy based on such ideas, Canada’s data protection legislation may be a more suitable vehicle. I criticize the Canadian Privacy Commissioner’s current approach to geo-immersive technologies as inadequate, however, and instead propose an enhanced application of the substantive requirements under Schedule 1 of PIPEDA that is consistent with a relational approach to privacy. I suggest this would serve to adequately curtail the growth of geo-immersive technologies while preserving them as an innovative tool. I conclude that despite criticisms that privacy is an inadequate remedy for the harms of surveillance, in certain commercial contexts the fair information principles can, if implemented robustly, serve to regulate the collection of personal information at source in a fashion that greatly restricts the potential for those harms.

Magister Legum - LLM / This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, socio-economic and cultural structures contributing to South Africa’s national food crisis. In so doing, it argues that legislation on the right to food with specific gender considerations is essential for ensuring food security for female students on campuses in particular and women in general.

[pt] Ao longo das últimas décadas, a possibilidade de se assegurar a emancipação da mulher pelo Direito foi empenhada em diversas frentes: consideração de direitos civis e políticos, lutas por direitos reprodutivos e, significativamente, pela tipificação e erradicação de diversos tipos de violências. A partir de uma perspectiva que toma o gênero como fator relevante para a definição do lugar que o sujeito ocupa na vida social, os movimentos feministas têm procurado problematizar o quanto homens e mulheres são impactados de formas diferentes pelo império do Direito. Tendo como principal eixo teórico a obra de Axel Honneth, cuja teoria do reconhecimento permite a compreensão dos conflitos sociais sob a ótica das relações intersubjetivas, a negação do reconhecimento jurídico feminino pode ser visualizada como uma forma de manutenção de uma esfera pública predominantemente masculina. Diante deste panorama, a primeira parte desta dissertação procura examinar o quanto a releitura do Direito por uma ótica feminista foi significativa para a reversão gradual desse quadro. Para cumprir esse objetivo, a pesquisa examina o desenvolvimento das teorias feministas do Direito, sistematizado por Martha Chamallas, e a importância da litigância feminista neste campo para politizar temas anteriormente restritos à esfera privada, tendo como principal objeto a categorização do assédio sexual em suas diversas manifestações. Após apresentar a utilização estratégica do Direito pelas litigantes feminitstas, em um segundo momento, a dissertação procura explorar as recentes atuações pela consideração legal do assédio nas ruas. Por fim, são apresentadas narrativas de mulheres apontando esta interação como responsável pela restrição de liberdades basilares da vida pública democrática.Ao longo das últimas décadas, a possibilidade de se assegurar a emancipação da mulher pelo Direito foi empenhada em diversas frentes: consideração de direitos civis e políticos, lutas por direitos reprodutivos e, significativamente, pela tipificação e erradicação de diversos tipos de violências. A partir de uma perspectiva que toma o gênero como fator relevante para a definição do lugar que o sujeito ocupa na vida social, os movimentos feministas têm procurado problematizar o quanto homens e mulheres são impactados de formas diferentes pelo império do Direito. Tendo como principal eixo teórico a obra de Axel Honneth, cuja teoria do reconhecimento permite a compreensão dos conflitos sociais sob a ótica das relações intersubjetivas, a negação do reconhecimento jurídico feminino pode ser visualizada como uma forma de manutenção de uma esfera pública predominantemente masculina. Diante deste panorama, a primeira parte desta dissertação procura examinar o quanto a releitura do Direito por uma ótica feminista foi significativa para a reversão gradual desse quadro. Para cumprir esse objetivo, a pesquisa examina o desenvolvimento das teorias feministas do Direito, sistematizado por Martha Chamallas, e a importância da litigância feminista neste campo para politizar temas anteriormente restritos à esfera privada, tendo como principal objeto a categorização do assédio sexual em suas diversas manifestações. Após apresentar a utilização estratégica do Direito pelas litigantes feminitstas, em um segundo momento, a dissertação procura explorar as recentes atuações pela consideração legal do assédio nas ruas. Por fim, são apresentadas narrativas de mulheres apontando esta interação como responsável pela restrição de liberdades basilares da vida pública democrática. / [en] Throughout the last decades, the possibility of ensuring the emancipation of women through the Law has been committed on several fronts: consideration of civil and political rights, struggles for reproductive rights and, significantly, the typification and eradication of various types of violence. From a perspective that takes gender as a relevant factor for the definition of the place that the subject occupies in social life, the feminist movements have tried to problematize how much men and women are impacted in different ways by the rule of Law. Having as main theoretical axis Axel Honneth s work, whose theory of recognition allows the understanding of social conflicts from the point of view of intersubjective relations, the denial of female legal recognition can be viewed as a way of maintaining a predominantly male public sphere. Given this panorama, the first part of this dissertation tries to examine how the rereading of the Law in a feminist perspective was significant for the gradual reversion of this picture. In order to fulfill this objective, the research examines the development of feminist legal theories, systematized by Martha Chamallas, and the importance of feminist litigation in this field to politicize subjects previously restricted to the private sphere, having as main object the categorization of sexual harassment in its various manifestations. After presenting the strategic use of Law by feminist litigants, the dissertation seeks to explore recent actions for the legal consideration of street harassment. Finally, narratives of women are presented, understanding this interaction as responsible for the restriction of basic freedoms of democratic public life.

Sexual harassment in workplace policies and legal procedures, which are strongly affected by the patriarchy that exists in the legal system, mistreat millions of victims annually. Through the implementation of the WPR Analysis on the Code of Conduct in Public Services on preventing […] sexual harassment in the workplace of the Republic of Cyprus and on C. v. Romania ECtHR case (application no. 47358/20), this thesis aims to present the problems representations, the taken-for-granted knowledge, the stereotypes and the origins of the patriarchal-biased labour policies and legal procedures concerning sexual harassment in the workplace. Along with the use of the legal feminist theory, this thesis presents that in these procedures the problems are represented to be the lack of training among employees and the victims’ behaviors. This results in the marginalization and mistreatment of the victims (women, trans, non-binary, homosexuals, even men) by these patriarchal affected procedures while it is illustrated how gender and sexual orientation are determinative to these male-biased procedures.

Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.

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