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In this age of globalization, when economic ties between these regions are gaining strength and momentum, it becomes a necessity to study them comparatively. This is especially important when developing economic relationships bring issues such as the rule of law and protection of human rights to the fore. This CRN examines legal development, constitutional law and legal cultures from the perspectives of both legal sociology and comparative law. In particular, it seeks to understand how political and historical paths, as well as global influences such as universalization of human rights and democratic constitutional values, have shaped the formation and evolution of constitutional law and legal culture in various countries.

It further seeks to examine the manifestations of contemporary legal culture in the political aspects of constitutional law, and in implementing democratic processes and human rights. This CRN brings together scholars engaged in these thematic and regional foci. Issues of citizenship and immigration are critical to understanding ways that individuals and groups are created and marginalized.

It is also important to understand the discourses and practices that implicitly or explicitly define citizenship in particular contexts. Thus, race, gender, national origin, religion, ethnicity, social class and other markers of membership or exclusion may subtly or violently shape the claiming or attribution of citizenship in practice. Moreover, globalizing and transnational processes may reshape both citizenship and exclusion, positioning individuals and groups within and outside of multiple legal orders.

Immigration is clearly one such process, and, given the war on terrorism and the restructuring of immigration in the United States and the sharpening of inequality internationally, it is crucial to examine how movements, non-movements, rights, and statuses are being distributed by nation-states and, sometimes, other entities. Through the annual meetings of the Law and Society Association, the Citizenship and Immigration Collaborative Research Network provides a forum in which scholars and practitioners who are interested in these issues can organize discussions, share work, and exchange ideas.

In the past, we have met to compare research interests in diverse national settings, and we have organized panels and roundtables on citizenship and immigration. This CRN focuses on the ethnographic study of law and society. Ethnographic inquiries of law have maintained a historic and steady position within the field of anthropology, and are thus healthily represented in legal anthropology journals and organizations.

They are also well-represented in the foundational years of law and society scholarship. More recently, renewed interest has arisen for revisiting the character and shape of ethnographic methods in sociolegal scholarship in light of the fact that ethnography is often understood as straddling the empirical-interpretive divide increasingly evident in the emergence of fields of like Empirical Legal Studies and Law, Culture and Humanities.

The CRN also offers a platform for collaboration amongst scholars in various regions of the world in order to strengthen international scholarly networks and create new opportunities for faculty and graduate students interested in expanding the scope of their research beyond the United States and Canada. The purpose of this CRN is to bring together scholars working on different forms of lay participation in legal decision making. The legal systems of many countries incorporate laypersons in some decision-making capacity, including lay judges or assessors, mixed tribunals of law-trained and lay judges, and the jury.

Lay participation in the justice system has been justified on multiple grounds. It is said to improve decision making, to reduce the impact of biased or corrupt judges, to keep the system responsive to changing community values, to better represent the diversity of citizen experiences and perspectives, and to enhance the legitimacy of the system. Lay involvement is strongly criticized on multiple grounds as well, including charges that lay participants are incompetent or biased decision makers, lack crucial knowledge of law, or ignore the law.

Scholars have also questioned whether lay participation has any real impact on legal system outcomes or whether it is serves only a legitimacy function. This CRN will help facilitate the exchange of research findings and comparative research about lay involvement in legal decision making. What are the strengths and drawbacks of different forms of lay participation as practiced in different countries? How do a country's historical and contextual factors shape the forms of lay participation? To what extent does lay participation fulfill its multiple functions?

This CRN seeks to broaden the conversation on sex work by bridging it with considerations of issues relating to sex in other labour contexts, bringing together socio-legal scholars and experts examining the intersections of sex and work. The criminalization of the sex industry and the marginalization of people working therein is a timely and pressing public issue. With this CRN we hope to collaboratively work toward finding innovative solutions to the issues that these workers face, at the same time contributing to the scholarly community by filling a gap in the Law and Society network.

Finally, this CRN seeks to disseminate and showcase socio-legal research relating to sex work and other intersections of sex and work; it is an exciting opportunity for scholars examining different aspects of sex and work to network and to develop their academic careers by disseminating their research.

Although many scholars would benefit from more discussions on feminist issues, the fact that feminist theory cuts across so many fields hampers conversation. Many of us, particularly those newer to the academy, do not know one another or the work that is being done on these issues in other fields. To build our community, the CRN operates as a working group, with scholars presenting works-in-progress on varied topics related to feminist legal theory.

Members are invited to submit individual papers to a FLT CRN committee, which organizes panels within and across doctrinal fields, encouraging cross-pollination on feminist approaches to gender and law. Members may also propose CRN panels, encouraging the development of longer-term projects and relationships. The CRN deliberately facilitates research collaborations and mentoring relationships.

In addition, we use the annual business meeting to strategize about other ways feminist scholars can work together. In a global economy, there is a need for new approaches to the age-old challenge of protecting workers' rights and improving labor standards. Globalization affects the nature of work and the character of the employment relationship around the world. Pressures on firms to improve competitiveness through restructuring workforces and production across national borders have led to increased challenges for nation-states. States in the North look for ways to preserve existing levels of employment and income support while those in the South struggle to simultaneously promote growth and investment and raise labor standards.

To these ends, national laws may need to be revised, international norms developed, and transnational advocacy explored. This network seeks to encourage research by sociolegal scholars on these issues and bring sociolegal scholars and experts on industrial relations together. We hope to foster work along two intersecting dimensions.

First, what is the impact of changes in firms, production processes and global market forces on work, workforces, and worker's rights and conditions in the North and South? Second, how do existing legal institutions function and what kinds of new governance mechanisms are needed?

We hope to explore the role of states, courts, unions, NGO's, existing international institutions such as the ILO, 'social clauses' in trade agreements, the World Bank and other IFI's, as well as industries and private firms through codes of conduct and otherwise. The CRN serves as a networking and collaborative research site for legal scholars working in the fields of health law, public health, human rights and health medical sociology, medical anthropology, disability studies, and critical fields related to health and embodiment.

Focal areas for dialogue, planned events, prospective grant-writing collaborations and publications include:. This CRN focuses on the empirical study of disputing behavior both within the context of civil justice systems and outside the formal justice system framework. The CRN has a broad focus that includes, but is not limited to, the following:. The CRN maintains a listserve which can be used to disseminate information about research and funding opportunities, calls for papers, and conferences.

To subscribe to the listserve, send a message to: listserv lists. The philosophy behind forming CRN Displaced Peoples lies in the coinage of the term used to describe it: i. It is within this context that CRN11 seeks to examine the intersections of race, gender, class, power and privilege within the global migration polity of migrants, refugees and internally displaced persons.

In seeking to normalize the concept of displacement as an umbrella term for generalized displacement, both internally and internationally, CRN Displaced Peoples adopts a broad perspective to forced migration to include all those compelled to leave their places of habitual abode due to natural disasters or man-made hazards. This population includes, but is not limited to, internally displaced peoples, refugees, migrants, Indigenous peoples, homeless peoples, and mental displacement.

CRN Displaced Peoples invites everyone interested in global displacement issues to network, contribute and participate in our global collaboration. To subscribe, please visit: Displaced Peoples. The name suggests an urgency in terms of expanding the socio-legal studies research agenda to more prominently include race and racial inequality. The name also is meant to draw upon some of the most exciting work in the legal academy over the past two decades under the Critical Race Theory and LatCrit rubrics.

Scholars in history, sociology, and anthropology just to name some of the fields well-represented in law and society are doing innovative studies that center race, racial inequality, and systems of racial classification of great interest to scholars interested in law and legal institutions. We hope the CRN on Critical Research on Race and the Law will serve as a space in which scholars interested in race and the law can engage each others' research projects and more generally network with each other. The research focus of this CRN is on African law and society. Open to all, this CRN aims to investigate the variety of levels and methods through which African law and society are constituted and change.

Likewise, African scholarship falling broadly within the law and society or socio-legal studies intellectual tradition has not been as prominent as could be the case. The CRN also aims to promote and facilitate participation in African-located law and society scholarship initiatives.

The CRN will use the list-serve to organise and promote socio-legal related events and activities in Africa. To subscribe please send an individual message to: handmaker iss. Leave the body blank. This CRN seeks to encourage interaction between scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties--including patents, copyrights, trademarks, trade secrets, and rights of publicity. One goal of this CRN is to encourage creatively eclectic approaches to the study of intellectual property among law and society scholars who draw on traditional doctrinal and policy analyses, historical analyses, cultural studies analyses, and empirical analyses of intellectual property law in action.

Intellectual properties, and the processes of globalization of which they are a part, are an especially promising and important area for collaborative research of the kind that law and society scholars have long pioneered. This CRN brings together scholars working on law and society in former British colonies. The network welcomes those seeking to identify commonalities and complementarities of law, history, state practice and policy, as well as the many contemporary effects of colonial legalities.

There is a growing thematic approach to sociolegal scholarship that cuts across jurisdictional boundaries in counteracting a narrowly area studies approach. The CRN hopes to further this effort by facilitating communication and scholarly initiatives between researchers in the swathe of former British colonies in North and South America, Europe, Asia and Africa. In the immediate term, this means providing a forum through which scholars might organize British Colonial Legalities related panels for Law and Society meetings.

Ainsworth, Seattle University Email the organizers. The purpose of this CRN is to formalize and expand the international network of scholars linguists and others who have organized and participated in sessions on language and law since , when the first sessions on Language and Law were scheduled at the Law and Society Association Annual Meeting. Such formalization is intended to provide a forum in which language scholars linguists, interpreters, translators, and others and legal scholars and lawyers can together contribute to a fuller understanding of the complex role of language in the judicial systems of the world.

Our overall aim will be to focus broadly on the key role of language in judicial process at all levels. The interplay between the law, gender, and sexuality is a precarious one. On one hand, the law and legal decision-making are rooted in a tradition of predictability, uniformity, and rigidity. On the other hand, gender and sexuality identities are dynamic, non-discrete, and fluid. As gender and sexuality issues are increasingly resolved in legislatures and courts, the question of how to reconcile these competing motifs themselves are worthy of Law and Society scholarship.

The purpose of this CRN is, thus, two-fold: first, to critically examine the law and its relationship to gender and sexual identities -- i. Specifically, this network seeks to promote scholarship that looks at gender and sexual minorities as its own research question and not simply as a case study within the discipline e. Using these critical and comparative lenses, not only would this collaborative space cast light on these understudied groups, but it also encourages discussions about broader Law and Society questions such the relationship between law and social change, issues of diversity and citizenship, and transnationalism.

This CRN is devoted to studies of "law" and the public-private dichotomy. Among its goals is a continuing debate over the role of legal institutions and processes in shaping the public-private dichotomy for public policy and institutions. This CRN draws on important historical and cross-national scholarship with interdisciplinary bases. This CRN especially welcomes scholars new to the Law and Society Association, especially younger scholars and international scholars. This CRN seeks to advance the recent empirical and comparative turn in legal education scholarship by fostering community and collaboration in this rapidly growing field.

The ongoing global wave of legal education research supplements and enriches perennial debates among law teachers as to the meaning, purposes, limits, and opportunities for legal education. In the U. In Canada, emerging scholarship aims to identify and challenge the foundational practices in light of longstanding debates between the academy and profession over curricular control. Beyond empirical perspectives, these developments have also sparked theoretical interest among institutional scholars examining increasingly convergent concerns and parallels across jurisdictions in a globalized age.

Similarly, at the individual level, this research has been important for unpacking larger debates about diversity, inclusion and reproduction of hierarchy. Notwithstanding these institutional, structural, and market forces, legal education remains a powerful mechanism of professional identity formation and an avenue for public contribution.

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The countries of Central and Eastern Europe, Balkans, Russia and Eurasia, broadly defined as the area of former Soviet dominance, are currently in the midst of rapid and fundamental changes in the state-society relations: massive rewriting of statutes and regulations, creating and implementing new areas of law, reforming law-related governmental and non-governmental institutions, integrating in international regimes, and reconfiguring the social demand for law. Yet the process and impact of these changes has varied from country to country, within different regions in a country, and even from neighborhood to neighborhood.

These changes require deep analysis and provide fertile grounds for socio-legal research. Given the passage of a quarter century since the disintegration of the Soviet bloc, the time is ripe for an interdisciplinary assessment of the relationship between law and society in the region. This CRN is organized to provide a forum for promoting research on law and society in the post-communist space in Central and Eastern Europe, Balkans, Russia and Eurasia, disseminate its findings to a wider community of socio-legal scholars, and facilitate the creation of a global network and community of scholars working on law and society in this region.

The CRN also aims to promote and facilitate participation in law and society scholarship initiatives located in Eastern Europe. The purpose of this CRN is to bring together scholars and lawyers working on aspects of law and society in South Asia. The network welcomes those working on social scientific and policy-oriented aspects of contemporary South Asian law as much as those specializing in historical, philosophical, and literary aspects of law.

There is a growing "law in context" movement within India that is working to counteract the doctrinal bent of much Indian legal scholarship. The CRN hopes to further this effort by facilitating communication and scholarly initiatives between researchers in South Asia and those outside of it.

We welcome suggestions names with e-mail addresses, if possible of people who may want to be receive information about this CRN. The International Law and Politics Collaborative Research Network brings together a large group of junior and senior scholars, teachers, researchers and practitioners working on issues related to the politics of international legal thought, practice, method and history. The members of this CRN are based in institutions and organizations across the world, both in the Global North and South.

They employ a wide variety of theoretical and empirical approaches, drawn from the discipline of international law and from many other disciplines, including anthropology, political science, history, political economy, sociology, international relations and cultural studies, in order to examine some of the most pressing problems related to the current global dis order and its normative underpinnings.

The work of the members of this group manifests a diverse range of political inclinations. Their concerns range from practices of human rights and judicial activism to the development of Marxian, postcolonial, feminist and queer legal theory, and from the heterodox regulation of international finance and trade to the critical potential of international legal historiography. In this way, the CRN speaks directly to the increasing visibility of the discipline of international law as existing global, national and local legal orders come to be contested and reconfigured, and to the varied responses of scholars and practitioners to this reality.

The CRN aims to make a distinct contribution to the LSA and its program through the creation of a unique space in which ongoing research and collaboration in the broad area of international law and politics can be pursued on a continuous basis. These meetings will help the CRN realize its objective of fostering inter-institutional and inter-generational collaboration throughout the year, supporting in particular the publication of work, the holding of public events, and the development of innovative and progressive approaches to research, teaching and international legal practice.

Website Email the organizer. How does law contribute to the makings of catastrophic disasters e. These questions provide the thematic nexus for this network. It also directly implicates topics such as law and scientific uncertainty, reciprocal obligation and moral community, and responses to climate change. This Network is likewise a forum for contact with disaster scholars in other disciplines in the social, behavioral and natural sciences, and engineering, whose research and practice influences and is influenced by the law and legal institutions. Beyond academic circles, those doing scholarly research on disaster law and policy in governmental institutions, research institutes, and non-governmental organizations may find affiliation with this network to be beneficial as well, and we invite you to join us.

The Household Finance CRN welcomes scholars studying issues related to household income, credit products and usage, indebtedness, personal insolvency and bankruptcy, and related topics. The research of CRN members covers a wide variety of methods and topics, including how the law affects household finance outcomes, how social norms and law affect household finance decisions, and the evolution of legal and regulatory developments on household finance. CRN membership includes scholars from the fields of economics, law, public health, history, psychology, and sociology and from Australia, Africa, Asia, Europe, North America, and South America.

To join the CRN e-mail list, please contact djimenez law. The regulation of food dates back to the Pure Food and Drug Act of and it contributed to the legal scaffolding of modern food systems — i. The dynamic social and economic environment means that food systems invoke law in multiple ways and across several jurisdictions, and consequently, it is an incredibly complex institutional environment that few, if any, people understand in its entirety.

Many disciplines are engaging in food system research but given the importance of food in our everyday lives, it demands increasing attention from law and society scholars. The aim has been to change conditions adversely affecting women's lives by critically analyzing existing theories and developing new policies and social action. Hilary Rose elaborated on this in her address entitled "Alternative Knowledge Systems in Science," an excerpt of which is set out in Box 2. The problem for feminist materialists is to admit biology — that is, a constrained essentialism — while giving priority to the social, without concluding at the same time that human beings are infinitely malleable Largely ignored by the oppressors and their systems of knowledge, feminists at this point necessarily theorised from practice and referenced theory to practice The first is feminist stand-point theory which looks to the possibility of a feminist knowledge to produce better and truer pictures of reality; the second is feminist post-modernism which refuses the possibility of any universalising discourse but which argues instead for localised reliable feminist knowledges.

The pervasiveness of gendered thinking that uncritically assumes a necessary bond between being a woman and occupying certain social roles;.


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The ways women negotiate the world; and. The wisdom inherent in such negotiation. The social roles and the ways women negotiate the world also differ among women in diverse contexts cultural, social, political, racial or ethnic, religious, etc. Notice that it is "women's experiences" in the plural which provide the new resources for research. This formulation stresses several ways in which the best feminist analyses differ from traditional ones.

For one thing, once we realized that there is no universal man, but only culturally different men and women, then "Man's eternal companion 'woman'" also disappeared. That is, women come only in different classes, races, and cultures: there is no "woman" and no "woman's experience. But so too, are class, race, and culture always categories within gender, since women's and men's experiences, desires, and interests differ according to class, race, and culture. This leads some theorists to propose that we should talk about our "feminisms" only in the plural, since there is no one set of feminist principles or understandings beyond the very, very general ones to which feminists in every race, class, and culture will assent.

Why should we have expected it to be any different? There are very few principles or understandings to which sexists in every race, class, and culture will assent! Not only do our gender experiences vary across the cultural categories; they also are often in conflict in any one individual's experience. My experiences as a mother and a professor are often contradictory.

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Women scientists often talk about the contradictions in identity between what they experience as women and scientists. Dorothy Smith writes of the "fault line" between women sociologists' experience as sociologists and as women. The hyphenated state of many self-chosen labels of identity — black feminist, socialist feminist, Asian-American feminist, lesbian feminist — reflects this challenge to the "identity politics" which has grounded Western thought and public life.

These fragmented identities are a rich source of feminist insight. In examining problems and carrying out analyses, feminists recognize that factors other than gender shape perceptions and understandings. Class, race, and culture are also powerful determinants and therefore create differences that must be taken into account. The category "women" is pluralistic, so treating women as a homogenous group results in a theorizing process no better than that of the traditional, androcentric approach.

To further accommodate these differences, feminist inquiry highlights the importance of placing the inquirer on the same "critical plane" as the subject of inquiry, with the aim of ensuring less bias and distortion. Researchers can then no longer hide behind the language of "objectivity"; they must situate themselves in their research.

The excerpt from the work of Sandra Harding in Box 4 elaborates on this point. This does not mean that the first half of a research report should engage in soul searching though a little soul searching by researchers now and then can't be all bad! Thus, the researcher appears to us not as an invisible, anonymous voice of authority, but as a real, historical individual with concrete, specific desires and interests. This requirement is no idle attempt to "do good" by the standards of imagined critics in classes, races, cultures or of a gender other than that of the researcher.

Instead, it is a response to the recognition that the cultural beliefs and behaviours of feminist researchers shape the results of their analysis no less than do those of sexist and androcentric researchers. We need to avoid the "objectivis" stance that attempts to make the researcher's cultural beliefs and practices invisible while simultaneously skewering the research objects, beliefs and practices to the display board. Only in this way can we hope to produce understandings and explanations which are free or, at least, more free of distortion from the unexamined beliefs and behaviors of social scientists themselves.

Another way to put this point is that the beliefs and behaviors of the researcher are part of the empirical evidence for or against the claims advanced in the results of research. This evidence too must be open to critical scrutiny no less than what is traditionally defined as relevant evidence.

Introducing this "subjective" element into the analysis in fact increases the objectivity of the research and decreases the "objectivism" which hides this kind of evidence from the public. This kind of relationship between the researcher and the object of research is usually discussed under the heading of the "reflexivity of social science. Feminists have proposed various theories to explain their experiences on the basis of differences in their class, race, and culture. Substantial discourse among feminists has focused on these various theories.

The variety of approaches within feminist theory reflect, on the one hand, divergent perceptions, and on the other, different social and historical locations in which feminists exist. Basic concepts which are abstract and function as tools of analysis e. Intermediate level concepts such as patriarchy, mode of production, etc. Historically specific analysis of a concrete social phenomenon e. Chhachhi had argued that at the first level of basic conceptual analysis that of basic concepts , little disagreement occurs between black and white feminists who share similar approaches.

However, she noted that black-Third World feminists have encouraged an important sensitivity to the need for historically specific research at levels 2 and 3 those of intermediate-level concepts and historically specific analyses. As Baksh-Soodeen remarked,. Let us examine how women from different social contexts might have divergent perceptions and explanations of the same phenomenon.

In this activity, we consider the phenomenon of poverty — Why are people poor? State the assumptions you think the following women would have about this question:. Based on the assumptions you have identified, what explanation would each women likely give for poverty? How do you account for these commonalities or differences? The differences in the explanations you identify are due to the fact that each of the individuals considered in the above exercise occupies a unique position, role, and status in society. These positions are usually unequal.

Some women exercise greater authority and power than others. As a result, their assumptions and interpretations are more valued than those of others with less authority and power. In your opinion, which of these four categories of women would have the most, the least power? Give reasons for your choice. Hilary Rose's comments in Box 5 illustrate how theoretical positions can also be used to exert power and influence over the lives of women.

The recrudescence of biological determinism during the seventies was committed to the renaturalisation of women; to an insistence that, if not anatomy then evolution, X chromosomes, or hormones were destiny; and to the inevitability of patriarchy. Such views fed upon the work of IQ advocates, whose views had become an important location for social and political struggle around issues of race and class.


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Within the U. Despite resistance by the Welfare Rights Movement, scientific racism helped justify cutting welfare benefits of poor — primarily black — women and their children, thus enabling more resources to be committed to the Vietnam War. In Britain, IQ theory was extensively cited by the racist campaign for immigrant restriction and fed racist sentiment that genetic inferiority explained high levels of unemployment and thence excessive demands on the welfare system by black people.

The critical counter attack mounted by anti-racists helped prevent the new scientific racism spreading unchallenged. In the prevailing political climate, the relationship between biological determinists — especially in the guise of the new sociobiology — and the New Right was a love match. In Britain, a New Right government happily seized on biological determinism as a scientific prop to their plan to restore women to their natural place, which at that point was not in the labour market.

By the mid-eighties the view changed and part-time women's work became the ideal solution to achieve unpaid labour at home and cheap labour in employment. From then on we heard little about women's natural market place. No one put the government's view in the early s more succinctly than the Secretary of State for Social Service, Patrick Jenkins, in a television interview on working mothers: "Quite frankly, I don't think mothers have the same right to work as fathers.

If the Lord had intended us to have equal rights, he wouldn't have created men and women. These are biological facts, young children do depend on their mothers. While it was perhaps overkill to draw on both creationism and biology to make his point, in the political rhetoric of government ministers and other New Right ideologues, the old enthusiasm for biological determinism was given fresh vigour by the fashionable new sociobiology. This at the height of the struggle of the feminist movement to bring women out of nature into culture, a host of greater or lesser socio-biologists, their media supporters and new Right politicians joined eagerly in the cultural and political effort to return them whence they came.


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Read the case study of women's work in the Philippines that follows Case Study 1 and then answer these questions:. What factual information about women's work in the Philippines can you extract from this case study? What principles about women's work in the Philippines emerge from these facts? Do these principles coincide with those obtaining in your own society? Have the facts in the case study caused you to change your assumptions about women's work? Based on the data and your own experience, what explanation or theory would you develop of women's work?

In the mids, Gelia Castillo noted that about 60 percent of the women in the rural areas of the Philippines were engaged in agriculture or related activities, such as fishing, an increase from the figure of In roughly two decades from to , the proportion of all Filipinos in agricultural and related activities decreased from about 59 to 55 percent, and the proportion of all women and girls over ten years old decreased slightly more from It is also possible that farm women were counted differently in the s, if, as may people contend, agricultural women are generally underenumerated, the s figures could reflect greater accuracy Castillo did not address this issue in her study.

Of these agricultural women, the vast majority are crop workers in rice and com farming, and the burden of the women's work is in non-mechanized tasks such as weeding and transplanting. These are activities that can be done in a relatively short span of time, so they are compatible with the major household duties for which the women are also responsible. The kind of work Filipinas do helps to explain why there are substantial seasonal variations in the agricultural employment of women. Castillo notes, for instance, that the.

A detailed study of time allocation in rural households in Laguna, a province of the Philippines, showed that mothers were less involved in agricultural activities than either fathers or children. On the average, the women in the sample spent slightly over one hour a day on pre-and post-harvest activities, vegetable production, livestock raising, and the like — men and children spent well over three hours a day on these same activities — but the 5 percent of the women in the sample who reported that their primary occupation was farming averaged about three and one-third hours a day on farming alone.

Overall, farming and non-farming women in this rural area spent an additional seven and one-half hours on household work or home production. As in most countries, rural women are among the most economically disadvantaged people in Filipino society. There are more unpaid family workers among women than among men, and almost 90 percent of all male unpaid workers in were in the rural areas and engaged in agricultural work.

Despite this general condition, however, both rural and urban Filipinas are viewed by a number of scholars as having considerable status and power compared to women in other Asian countries, and Filipina influence extends to important decision-making roles in agricultural matters.

Justin Green, for example, noted that women are better educated than men, and he has also argued that women have a good deal of behind-the-scenes or privately exercised power. People who think that the traditional method of reckoning kinship and the prevalence of bride price or dowry are indicators of male-female status might note that historically, Filipinos have traced kinship through both parents and bride price has been common whereas dowry prevails in India.

For rural Filipino women, a practical consequence of this relative equity is that the sexual division of labor is not as rigid as in many societies. Women can handle a plow if necessary, and a husband will do the cooking if his wife is away or do the laundry if his wife has just delivered a child. The theorizing process both uses and produces knowledge.

Androcentric theories generate knowledge that embodies the assumptions of these theories and ignores the experiences and perspectives of women. One of the tenets of feminist theorizing is that knowledge should be formulated from a broader base of experience. Thus, a new, more comprehensive, more all-encompassing knowledge is built up through feminist theorizing. Such theorizing seeks to provide a more complete representation of women's realities. As Sandra Harding expressed it,. Knowledge is supposed to be based on experience, and the reason the feminist claims can turn out to be scientifically preferable is that they originate in, and are tested against, a more complete and less distorting kind of social experience.

Women's experiences, informed by feminist theory, provide a potential grounding for more complete and less distorted knowledge claims than do men's. Harding's analysis represents a feminist-standpoint theoretical approach. Like others, feminist-standpoint theorists have their own assumptions. They assume there is an objective reality that can be made better if women's experiences and knowledges are added to mainstream or androcentric epistemologies.

Postmodernist-feminist theorizing supports the investigation of women's experiences and knowledges as a basis for creating new feminist-informed knowledges. This approach differs from feminist-standpoint theorizing in several ways. Postmodernist-feminist theorists do not assume there is a complete, coherent reality to which women's experiences can be added; rather, they assume there are multiple realities and experiences.

Postmodernist-feminist theorists see these experiences and their influence on the generation of knowledge as fluid, contingent, diverse, and historically and culturally specific. They do not argue that feminist claims are scientifically preferable, as they are more sceptical about the faith placed in rationality, objectivity, and science. However, they support the position that knowledge claims should be formulated from a broader base of experience and should recognize that women's experiences will differ across race, class, culture, and sexual orientation.

Canadian Journal of Women and the Law

Thus, there are diverse feminist theoretical approaches. Although they converge on the core issue of women's subordination, they differ in their assumptions about the causes or sources of that subordination. These differences reflect the richness of women's lives and the need to integrate the experiences and knowledges of women in the South, as well as all women in the North, if we are to move toward a more inclusive, sensitive theorizing about both women's subordination and their power. Hilary Rose's remarks in Box 6 illustrate some of the new thinking of feminists in the South and North.

Staying Alive by Vandana Shiva is a marvellous example of the ways that feminists relate to theory, using it as a resource in the defence of both women and nature. First the book is written from within a struggle of the Chipko women to defend the trees on which their lives depend. While without the mass movement there would be no story, it is also a story in which her skills as a scientist are integral.

Her account of the struggle is a story of transformation She makes solid technical arguments about what is happening to the land and the water. Her training as a physicist — part of that universalistic highly abstract discourse so criticised by feminism — is both a crucial element within, and transformed by the struggle. She reports different ways of collecting data, organising in fresh ways, producing a holistic ecological knowledge specific to the locality and people.

This careful rethinking of the environmental endemic generates a highly "situated and embodied knowledge" with strong claims to objectivity, out of the "universalistic and disembodied knowledge" of the physicist. Nor are the activities she reports limited to new knowledge building, for she also describes and endorses essential myth making which historically has often given energy to social movements of the excluded but which unquestionably often makes their intellectual allies uneasy. Whereas Western feminists have mostly fought the notion that women are naturally nearer to nature, seeing that as a patriarchal cage, Shiva casts Indian peasant women and the myths they construct cast themselves in the role of the natural protectors of the forest.

Essentialism is used as a source of strength. It is a dangerous move yet the situation is already a matter of staying alive. But the point I want to make is the extra-ordinarily divergent strands which Shiva weaves together. Nothing that can be made useful within a struggle is disregarded, she takes very different discourses and radically recycles them, adapting them with strength and imagination to political purposes. In Shiva I think we get something of a reply from a feminist scientist to Audre Lorde's question, can the master's tools be used to dismantle the master's house?

I think the reply goes something like this, providing we are prepared to select, to adapt, to use for hitherto unimagined purposes and weave them in with the entirely new, then yes, we can use the master's tools.

Reaction and resistance: feminism, law, and social change

But in the process it is crucial to understand that the tools are themselves transformed. As well as tearing down the master's house, that crucial preliminary act, a feminist science also begins to build anew, to construct a feminist science. This more comprehensive knowledge base enables a wide cross section of experiences and measures to inform policy and action. Chapter 4 will examine existing policies and those being developed, to illustrate how they reflect and satisfy the needs of women. This chapter discusses theorizing as a process used to test assumptions about a number of phenomena in order to generate principles and theories to explain these phenomena.

This chapter also points out that traditionally this process has been male centred and related to the cultures, nationalities, and dominant economic classes of the theorists, who did not take into account the perspectives and experiences of women or the problems and issues that affect women. Until feminist theorists began critiquing existing knowledges, these theories were used to produce programs and policies that adversely affected the lives of women. The readings highlight the feminist challenges to the traditional, androcentric approach to theorizing and discuss some of the characteristics of feminist approaches.

These approaches not only take into account differences in experiences of women and men but also recognize that women themselves do not constitute a homogenous group. Using these approaches, feminists have deconstructed androcentric theories and knowledge and produced a comprehensive view of women's multiple realities. The knowledges they have generated provide a basis for critiquing existing policies and determining alternative policies and activities to address the problems affecting women.

Recognizing that factors such as class, race, ethnicity, age, social status, and sexual orientation shape perceptions and experience points to the social character of gender and gender relations. In the next chapter, you will examine a number of theories on gender and development that have evolved from a process of both women's and men's theorizing in different contexts and situations.

Baksh-Soodeen, R. Is there an international feminism? Alternative Approach 24 Summer , Charlton, S. Women in Third World development. Chhachhi, A. Concepts in feminist theory: consensus and controversy. In Mohammed, P. Harding, S. Conclusion: epistemological questions. In Harding, S. Introduction: Is there a feminist method? Ornstein, A. Curriculum — foundations, principles and issues.

Rose, H. Alternative knowledge systems in science: can feminism rebuild the sciences? In Bailey, B. Stanley, L. Breaking out: feminist consciousness and feminist research. Whose science? Whose knowledge? Talking back — thinking feminism, thinking black. Seibold, C. Feminist method and qualitative research about mid-life. Journal of Advanced Nursing, 19, This chapter introduces the concepts of gender and development and the factors that gave rise to their emergence.

It also provides an explanation of the precolonial experience of so-called Third World people, especially with respect to gender relations and the experiences of women and men in social, political, and economic life. The discussion challenges simplistic characterizations and generalizations of precolonial societies and points to their rich diversity and difference. This chapter provides a framework for considering alternative ways of perceiving human social and cultural development and organizing social, economic, and political life. It also provides information that challenges traditional monolithic assumptions about women and the sexual division of labour.

To explore the evolution of the concepts of gender and development and to critically examine their underlying assumptions;. To recognize the diversity of human experience and the alternative measures of value and standards for the assessment of progress and human achievement; and. To provide a general historical understanding of the lives of Third World people before the institutionalization of development. In ordinary usage, development a noun derived from the verb develop implies movement from one level to another, usually with some increase in size, number, or quality of some sort.

In the Penguin English Dictionary, the verb develop means "to unfold, bring out latent powers of; expand; strengthen; spread; grow; evolve; become more mature; show by degrees; explain more fully; elaborate; exploit the potentialities of a site by building, mining, etc. For our purposes, these meanings of development apply to human societies. The usage of the word in this context was popularized in the post-World War n period to describe the process through which countries and societies outside North America and Europe many of them former colonial territories were to be transformed into modern, developed nations from what their colonizers saw as backward, primitive, underdeveloped societies see Box 1.

Colonialism refers in general to the extension of the power of a state through the acquisition, usually by conquest, of other territories; the subjugation of the inhabitants to a rule imposed by force; and the financial and economic exploitation of the inhabitants to the advantage of the colonial power. Characteristic of this form was the maintenance of a sharp and fundamental distinction often expressed in law as well as in fact between the ruling nation and the subordinate colonial populations. This led to entrenched forms of racism. In the modern period, that is, since , colonial powers initially included the Dutch, English, French, Portuguese, and Spanish.

Later, other European states also became involved, such as the Belgians and Germans. In the 20th century, the United States, too, became a colonial power. It is necessary to differentiate between settler colonialism and nonsettler colonialism. In the case of the United Kingdom, for example, special status of dominion or protectorate was given to settler colonies, such as Australia, Canada, the Irish Free States, Newfoundland, New Zealand, Southern Rhodesia, and the Union of South Africa, which had large communities of European migrants. They were usually self-governing territories of the British empire.

Protectorate was used to refer to territories governed by a colonial power although not formally annexed by it. In these areas also, including the United States, internal colonialism is often used to describe the relationship between the settlers and the native or indigenous people and minorities.

Although other forms of domination and hegemony have existed in human history, this chapter concentrates on the specific form of European colonization and colonial domination that has taken place since the 16th century. Today, this grouping includes former colonial, largely but not totally tropical, countries, peopled mainly by non-Europeans. It is usually referred to as the Third World, underdeveloped countries, developing countries, and, more recently, the South or the economic South.

Although it would be helpful to have one term to designate all of these countries, none of the above terms is really adequate. All are based on assumptions that we should be aware of when we use them.

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They are an improvement, however, on the terms first used in development writing, such as backward or economically backward countries. It is important to note that before European colonial domination, many societies had already felt the impact of other dominating forces. For example, in North Africa the spread of the Islamic influence wrought great changes in the lifestyle of the native people — so much so that, now, some people hardly have any memory of a pre-Islamic past.

In India, the spread of Hinduism over the continent had a similar, although more varied, impact. In some instances, the colonizers entered countries already controlled by well-established, stratified, patriarchal structures and introduced yet another controlling force into women's lives. In this chapter, I briefly explore each of these concepts and the contexts within which they arose.

The concept of underdeveloped-developing countries emerged as part of the work of early development economists in the s, who theorized very simplistically about the stages of development mat societies had to pass through to become "developed," or "modern. In addition, the history of Western industrialized countries was used as a broad model for the process through which all societies were to pass. Around the s, with nationalist sentiments becoming vocal, the term less developed was added, as it was considered less pejorative than underdeveloped. This approach is sometimes critically referred to as developmentalism.

Not much later, a school of mainly sociologists and political scientists emerged. They were eventually referred to as modernization theorists because they described this process as one of becoming modem. They, too, developed a triad:. Modernity may be understood as the common behaviourial system historically associated with the urban, industrial, literate, and participant societies of Western Europe and North America.

The system is characterised by a rational and scientific world view, growth and ever-increasing application of science and technology, together with continuous adaptation of the institutions of society to the imperatives of the new world view and the emerging technological ethos. One of the main features common to these two approaches is that they equated development or modernity with industrialization. Industrialization and its companion, urbanization the emergence of towns and cities , were considered the only ways for backward societies to become modern, or developed.

Progress and advancement were also seen in this light. There was little appreciation of the social, cultural, economic, or political attributes of non-Western societies. Indeed, these approaches accepted to a large degree the colonial feeling of superiority over indigenous peoples, many of whom were decimated, robbed of their land, or confined to reservations or territories for example, in Australia, Canada, and the United States , or marginalized and forced to flee into the mountains for example, in parts of Asia and most of South and Central America see Box 2.

Thus are economies based on indigenous technologies viewed as "backward" and "un-productive. On the contrary, the destruction of ecologically sound traditional technologies, often created and used by women, along with the destruction of their material base is generally believed to be responsible for the "feminisation" of poverty in societies which have had to bear the costs of resource destruction.

These approaches also had little to say about women. Women were largely linked to the traditional and backward aspects of these societies and most resistant to change. Because the theorists used traditional in such a general sense, with little recourse to history or social anthropology, they little realized the diversity in women and men's relations, in modes of domestic and family organization, or in social, economic, and political life.

It emerged with the heightened anticolonial consciousness that arose with the coming of the new nation-states in Africa and Asia. This was also a time when the Cold War between the United States and the Soviet Union-Eastern Europe was dividing the world along ideological and geopolitical lines.

They adopted the position of nonalignment with either camp, arguing the need for a third, alternative world grouping. The term Third World was adopted by many of these countries to differentiate themselves from the First World the North Atlantic capitalist world, or the world of advanced market economies and the Second World the centrally planned economies of Eastern Europe and the Soviet Union. The Third World consisted of all other nations — usually in Africa, Asia, the Caribbean, the Pacific, and South and Central America, including the centrally planned economies in these areas.

One of the main criticisms of the concept of the Third World has been that it suggests a hierarchy of nations. Some people argue that to accept third place is to accept a lower status in the world order. The people who coined the phrase probably never considered this but simply saw Third World as an alternative to the two main options their countries were being pushed to accept, options that, as history would show, they would eventually agree to. North-South became a popular term around , after the publication of the report of the Independent Commission on International Development Issues, popularly known as the Brandt Commission because it was led by the late Willy Brandt, former Chancellor of West Germany see Brandt According to one source,.

The expression was selected by the Commission to emphasize the economic divide between the North rich nations and the South poor nations and to highlight the presumed desirability of a North-South dialogue grounded in a common concern for global problems and freed from the complications of East-West political interests. This division, like many associated with relations of power, is geographically incorrect.

Some countries in the South are neither low income nor not former colonial countries; likewise, some economies and conditions of life in the North, such as can be found in Eastern and Southern Europe, have little in common with the leading industrialized capitalist economies of the North. For some, this terminology reflects global restructuring and the changes taking place in the global economy. Economic South was a term coined to further delineate this grouping in economic and political terms, rather than in purely geographic ones.

The heyday of developmentalism — in the s, s, and s — fostered some strong beliefs, such as. That state or government should play the central determining role in introducing development policies and strategies that could lead to improved standards of living and conditions of life; and. That international investment, loans, and aid can redirect economies away from their traditional bases — usually in agriculture — toward industry and manufacture.

Today, although much of this sentiment has changed, much has remained the same. The dominant thinking in the late s and early s has been that the state has a leading, but only facilitating, role in the economy. Development is now seen as the responsibility of private companies and, increasingly, private nongovernmental organizations NGOs.

In addition, the market is seen as the main arbiter of decision-making.

Law & Social Transformation/ विधि और सामाजिक परिवर्तन

This approach is based on the renewed influence of liberal economic thinking now called neoliberal economics , which has affected international economic. All this has taken place within the context of a Third World debt crisis, within which economic restructuring and structural-adjustment policies are advocated as mechanisms for generating income to repay debt. Such thinking has become reality through the conditions on the stabilization and structural-adjustment loans offered by the International Monetary Fund IMF and the International Bank for Reconstruction and Development the World Bank to countries facing balance-of-payments difficulties.

The main purpose of the new organizations was to provide a basis for monetary and currency stability for increased trade and expansion of these economies. This was to be accomplished by providing financial support during periods of balance-of-payments difficulties, that is, when imports exceeded exports. The General Agreement on Tariffs and Trade was later added, and, according to Dennis Pantin, each of these institutions would play a complementary role in the management of a world economy that did not restrict the movement of goods, services, and money Pantin Since the emergence of the new nation-states in Africa, Asia, the Caribbean, and the Pacific in the s and s, the Bretton Woods Agreement has widened in scope.

As a result of the current trend in monetarist, or neoliberal, economics, the role of this agreement has expanded. The IMF provides short-term stabilization assistance to countries with balance-of-payments difficulties, on condition that they implement certain fiscal and monetary policies. The World Bank, on the other hand, is more concerned with long-term adjustment through restructuring of host economies along fixed lines. Its policies can be summarized as follows Blackden :. Stabilization or reduction of budget or balance-of-payments deficits, reduction of budget deficits or freezes in public-sector employment, cut-backs in public-sector investment, removal of public-sector subsidies usually away from the agriculture and social sector to the private commercial sector , and tax reform;.

Promotion of the private sector through contracting of public services, sale of state enterprises, and deregulation;. Market liberalization and price reforms, in which the local market is opened to greater foreign and domestic competition; exchange-rate liberalization, usually devaluations or floatation of local currency to encourage exports; and removal of price controls and supports to local industry; and. Rationalization of public-sector institutions, including civil-service public-sector reform, privatization of state enterprises, and reform of the social sector to make it cost-effective.

Aspects of these neoliberal policies have also been implemented since the s in Northern countries, such as Canada, the United Kingdom, and the United States, and, more recently, in continental Europe. Additionally, many governments have implemented economic-adjustment programs without being involved in an IMF or World Bank program.

They are not tailored to the particular needs of individual economies;. They contribute to major declines in standards of living, including nutritional levels, educational standards, employment rates, and access to social-support systems;. They shift more of the responsibility for health care, education, and care of the sick and elderly to women already burdened by unpaid work;. She also works for feminist law reform and is a member of organizations that work for social change.

In , Professor Boyd was elected a Fellow of the Royal Society of Canada , the highest honour a scholar can achieve in the Arts, Humanities and Sciences, in recognition of her international reputation as a leading socio-legal scholar who has made exceptional contributions to family law and feminist legal studies. From Wikipedia, the free encyclopedia.

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