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Legal capacity & gender : realising the human right to legal personhood and agency of women, disabled women, and gender minorities / Anna Arstein-Kerslake.
Springer Nature - Springer Law and Criminology eBooks 2021 English International Available online
View online- Format:
- Book
- Author/Creator:
- Arstein-Kerslake, Anna, author.
- Language:
- English
- Subjects (All):
- Capacity and disability.
- Gender identity--Law and legislation.
- Gender identity.
- Women--Legal status, laws, etc.
- Women.
- Physical Description:
- 1 online resource (165 pages) : illustrations
- Place of Publication:
- Cham, Switzerland : Springer, [2021]
- Summary:
- "This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities: for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, [among] others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world, including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed"--Back cover.
- Contents:
- Right to legal capacity : debates and legal argument
- Personhood : perspectives from critical feminist, disability and queer studies
- Gender, disability and decision-making : historical discrimination
- Gendered denials : law, policy and practice
- Vulnerability created by legal capacity denials
- Creating change : examples of modern reform and recommendations.
- Notes:
- Description based on print version record.
- ISBN:
- 3-030-63493-0
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