Manning the Law : Why the Legal Person Remains a Man.

Format:

Book

Author/Creator:

Naffine, Ngaire, author.

Contributor:

Bloomsbury (Firm), publisher.

Language:

English

Subjects (All):

Feminist jurisprudence--Great Britain.

Feminist jurisprudence.

Feminist theory--Great Britain.

Feminist theory.

Men--Legal status, laws, etc.

Men.

Sex and law.

Sex discrimination in justice administration.

Sex role.

Women--Legal status, laws, etc.

Women.

Physical Description:

1 online resource (243 pages)

Edition:

1st edition.

Place of Publication:

London : Hart Publishing, 2025.

Summary:

This is a study of elite English men of English law and the methods they used to retain and justify their power and privilege, through controlling the story of the legal person.

Contents:

Intro

Acknowledgements

Contents

Table of Cases

Table of Legislation

1. Introducing the Arguments: Male Control of the Symbol System Through Definition and Explanation

I. Introduction

II. Insiders and Outsiders: The English Legal Establishment

III. The Persons Cases

IV. The Right to be a Legal Person

V. The Sequence of Arguments

VI. The 'Acceptable Prejudice' and Law from Below

2. The Concepts of the Person and the Individual: The Power of Definition and Explanation

II. The Unstable Concept of the Legal Person

III. The Unavoidable Mix of Uses

IV. The Fitting Subject

V. The Man as the Right Kind of Being

VI. The Person and the Individual

VII. The Divided Population: Men and Women

VIII. Men in, Women Out

IX. Controlling Definition and Entitling Men

X. The Moral Concept

3. Definitional Power in the Victorian Period: John Stuart Mill, James Fitzjames Stephen and the Persons Cases

II. Mill's Endeavours to Challenge Male Power and to Get Women a Legal Life

III. Mill as Campaigner for Women's Rights to be Persons

IV. 1868 Chorlton v Lings: Exclusive Male Franchise Affirmed

V. Backing the Most Anti-Woman Judge: The Rising Star of Justice Willes

VI. Mill's Continuing Campaign against Male Right: The Subjection of Women

VII. James Fitzjames Stephen's Riposte to Mill: Why Male Legal Right was Necessary

VIII. The Case of Jex-Blake: Excluding Women from Higher Learning

IX. The Return of Stephen, Now as Judge, and the Affirmation of Justice Willes, yet again: Beresford Hope v Lady Sandhurst

X. Controlling the Story

XI. The 'Sure Instinct' of Pollock and Maitland that Women should not be Persons

4. Definitional Power in the Early Twentieth Century: The Persons Cases and the Role of the Lord Chancellors

I. Introduction.

II. Introducing the Lord High Chancellor

III. Lord Loreburn (Robert Threshie Reid) and Nairn v University of St Andrews: Women should have not Even 'the Smallest Foothold'

IV. Women's Political Protests and the Forceful Response of the State

V. Preserving the Legal Profession for Men: Bebb v Law Society

VI. FE Smith (Future Lord Birkenhead): Preserving the Franchise and the House of Lords for Men

VII. As FE Smith and MP for Liverpool Walton in 1910: The Female Franchise Bill and Black Friday

VIII. Excluding Women from the Full Franchise: Birkenhead as Lord Chancellor in 1919

IX. Keeping Women Out of the House of Lords: Lord Chancellor Birkenhead in Viscountess Rhondda's Claim 1922

X. Birkenhead's Legacy Despite the Misuses of Male Legal Power

XI. The Persons Cases and the Male Mentality of Law

XII. Coda: Lord Hailsham and DPP v Morgan

5. Case Study 1: AV Dicey's Argument for Male Rule

II. Dicey's Advocacy of Male Public Power and the Rule of Law

III. The Makings of Dicey

IV. Dicey's 1909 Letters to a Friend

V. Law is a Man

VI. Style and Genre of Letters to a Friend

VII. Contemporary Responses

VIII. Dicey's 1915 Law of the Constitution

IX. Ignoring Clever Women and the Patriarchal Dividend

X. Reputation

XI. 85 Years on, Mark D Walters on Dicey in 2020

XII. Dicey Alerting Us to the Maleness of Law

XIII. Current Significance

6. The Reform Stories: The Last Persons Case and the Abolition of the Husband's Rape Immunity

II. The First Reform Story: The Canadian Women who Claimed to be Persons

III. The Response of the Supreme Court of Canada: Women are not Persons

IV. The Last Persons Case: The Decision of the Privy Council in Edwards v A-G of Canada

V. The Second Reform Story: The Removal of the Husband's Immunity from Rape Prosecution.

VI. The Long Arm of Lord Hailsham

VII. Moving on: The Return to Legal Business as Usual

VIII. Protecting and Preserving Male Power and its Uses

IX. The Power to Tell the Story of Change

7. Case Study 2: HLA Hart and The Concept of Law - Proceeding with a Clean Slate

II. Hart's Theory

III. Leaving Legal Patriarchy in Place

IV. Women Cannot Supply the Internal Point of View of Hart's Legal Official

V. Why Women are not Really Imagined as Hart's Citizen Subjects

VI. The Heurist Device Brought in Aid

VII. Hart's Creatures

VIII. Ignoring Wife Rape

IX. The Pregnant Legal Subject

X. Needing Persons to be Men (For the Sake of Theory)

XI. Legacy and Aftermath: Ronald Dworkin and Hercules

XII. Drawing Up to the Present

8. Case Study 3: Women as Intermittent Persons (and Men as Continuous Persons) in the Work of John Finnis

II. Finnis as a Theorist of Male Persons and their Basic Goods

III. The Problem of Women as Individuals

IV. Heterosexual Marriage as the Only Moral Form of Marriage (to Finnis)

V. Finnis's Characterisation of Female Life and the Female Legal Subject

VI. Same Sex Relations

VII. Aquinas and Aristotle and the Primacy of Men

VIII. Gerald Postema Endorsing Finnis and Aquinas

IX. Respecting Theology

X. State Restraint and Respect for the Religious

XI. Why does Finnis Matter Now? Women as Intermittent Persons

XII. The Dobbs Brief

9. Where We are Now and What's Still Wrong

II. Controlling the Point of View and so Controlling the Story

III. Wilful Blindness and the Cognitive (Limiting) Effects of Being with Like Minded and Like People (All Men)

IV. Male Legal Power as Banal

V. Male Power and Faulty Historical Reasoning

VI. Lessons from Other Disciplines.

VII. Women as Anomalies in New Theories of the Person

10. Populating Law Fairly and Accurately

II. The Heuristic Device: The Interchangeability of Men, Women, the Individual and the Person in Legal Theory

III. Questioning the Background

IV. Questioning the Greats of the Canon

V. Sidelining Women

Sidelining Feminism

VI. The Sexual and Reproducing Man of General Jurisprudence

VII. Female Legal Persons without Essentialism

VIII. The Personality of Law

IX. Thinking Afresh

Bibliography

Index.

ISBN:

1-5099-8348-1

1-5099-8349-X

OCLC:

1534808203