Women Lawyers and the Struggle for Change in Conflict and Transition

Women Lawyers and the Struggle for Change in Conflict and Transition
Author: Anna Bryson
Publisher:
Total Pages: 25
Release: 2016
Genre:
ISBN:

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This article examines the particular experiences of female 'cause lawyers' in conflicted and transitional societies. Drawn from an ongoing comparative project which involved fieldwork in Cambodia, Chile, Israel, Palestine, Tunisia and South Africa, the paper looks at opportunities, obstacles and the obduracy required from such lawyers to 'make a difference' in these challenging contexts. Drawing upon the theoretical literature on the sociology of the legal profession, cause-lawyers, gender and transitional justice, and the structure/agency nexus, the article considers in turn the conflict cause-lawyering intersection and the work of cause-lawyers in transitional contexts. It concludes by arguing that the case-study of cause-lawyers offers a rebuttal to the charge that transitional justice is just like 'ordinary justice'. It also contends that, notwithstanding the durability of patriarchal power in transitional contexts, law remains a site of struggle, not acquiescence, and many of these cause-lawyers have and continue to exercise both agency and responsibility in 'taking on' that power.

Lawyers in Conflict and Transition

Lawyers in Conflict and Transition
Author: Kieran McEvoy
Publisher: Cambridge University Press
Total Pages: 437
Release: 2022-03-17
Genre: Law
ISBN: 0521853982

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Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.

Transitional Justice in Law, History and Anthropology

Transitional Justice in Law, History and Anthropology
Author: Lia Kent
Publisher: Routledge
Total Pages: 401
Release: 2020-06-09
Genre: Law
ISBN: 1000084744

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Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between ‘before’ and ‘after’ war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

Women, Gender Equality, and Post-Conflict Transformation

Women, Gender Equality, and Post-Conflict Transformation
Author: Joyce P. Kaufman
Publisher: Taylor & Francis
Total Pages: 238
Release: 2016-10-04
Genre: Political Science
ISBN: 1134772750

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The end of formal hostilities in any given conflict provides an opportunity to transform society in order to secure a stable peace. This book builds on the existing feminist international relations literature as well as lessons of past cases that reinforce the importance of including women in the post-conflict transition process, and are important to our general understanding of gender relations in the conflict and post-conflict periods. Post-conflict transformation processes, including disarmament, demobilization and reintegration (DDR) programs, transitional justice mechanisms, reconciliation measures, and legal and political reforms, which emerge after the formal hostilities end demonstrate that war and peace impact, and are impacted by, women and men differently. By drawing on a strong theoretical framework and a number of cases, this volume provides important insight into questions pertaining to the end of conflict and the challenges inherent in the post-conflict transition period that are relevant to students and practitioners alike.

Unequal Access

Unequal Access
Author: Ronald Chester
Publisher: Praeger
Total Pages: 152
Release: 1985
Genre: Law
ISBN:

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The Law and Politics of Gender in Transition

The Law and Politics of Gender in Transition
Author: Catherine O'Rourke
Publisher:
Total Pages:
Release: 2009
Genre:
ISBN:

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This thesis examines feminist engagement with, and gendered outcomes of, transitional justice in Chile, Northern Ireland, and Colombia. The focus throughout is twofold. Firstly, the thesis examines the mobilization of women and feminists in each jurisdiction to influence legal change in transition. In particular, the definition of violence and injustice to be ended by transition articulated by feminist and women's organizations is explored. Secondly, doctrinal analysis examines provision for truth, justice, reparations and institutional reform in transition, in order to identify legal definitions of the violence and injustice to be ended by transition. The doctrinal analysis reveals the extent to which women's gender-specific experiences of violence and injustice are recognized and addressed by legal change in transition. Feminist and legal definitions of violence and injustice in transition are thereby juxtaposed. Analysis proceeds with particular attention to the legal treatment of violence against women and the legal regulation of women's reproductive lives. These two issues have been cited for priority concern in transnational feminist campaigning over the past two decades. Similarly, the international human rights legal framework has adapted considerably over the same period to provide express recognition of a range of rights women with respect to violence against women and women's reproductive lives. The cases under study involve a substantial temporal range: from the Chilean transition to democracy in 1990, to the more recent transition to non-violent conflict in Northern Ireland, to the contemporary process of transitional justice in Colombia. Analysis reveals the changing tapestry of international law underpinning gender and transition over this period, in respect of women's human rights, and more demanding standards of accountability for harms of the past. Further, analysis reveals how this evolving legal context has impacted the terms of feminist engagement with, and gendered outcomes of, legal change in transition. The thesis contends that, over the course of two decades, feminist and legal articulations of violence and injustice in transition have been brought closer together through feminist-informed developments in international human rights law. As the practice of transitional justice has expanded and become increasingly standardized through the influence of international law, feminist organizations have established themselves transnationally and locally as players in the design of legal change in transition. The thesis concludes by considering how feminist and legal understandings of violence and injustice to be ended by transition might be brought together more comprehensively, in a feminist law of transitional justice. However, the case studies reveal the added responsibility and potential costs of feminist engagement with transitional justice engendered by the emergence of feminist organizations as players in the negotiation of legal change in transition. In an increasingly complex political and legal landscape, the thesis ultimately concludes against a feminist legal template for transitional justice. Instead, the thesis proposes the feminist pursuit of justice in transition, and outlines four key principles to guide such engagement.

Lawyers in 21st-Century Societies

Lawyers in 21st-Century Societies
Author: Richard L Abel
Publisher: Bloomsbury Publishing
Total Pages: 675
Release: 2022-05-05
Genre: Law
ISBN: 1509931228

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This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.

Gender Politics in Transitional Justice

Gender Politics in Transitional Justice
Author: Catherine O'Rourke
Publisher:
Total Pages: 0
Release: 2014-11
Genre: Transitional justice
ISBN: 9781138850132

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"'Gender Politics in Transitional Justice' draws on original comparative research on women's movements in Chile, Northern Ireland, and Colombia, and on legal analysis of transitional justice processes in these case studies, to answer these questions. Catherine O'Rourke argues that human rights outcomes for women of transitional justice processes are negotiated and determined in the space between international law and local gender politics."--Page 4 de la couverture.

It's Harder in Heels

It's Harder in Heels
Author: Jacquelyn Hersh Slotkin
Publisher:
Total Pages: 150
Release: 2007
Genre: Job satisfaction
ISBN: 9781600423314

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The book contains essays by and about women lawyers: stories about women practicing (or choosing not to practice) law, about hitting the glass ceiling, about amazing lawyer-mentors, about professional achievements, about personal and professional hardships, about the stress of juggling multiple roles, about meeting the demands of work and family, about being Superwoman, and about hitting the maternal wall. The essays describe women's satisfactions and their struggles. While it may be "harder in heels," the essays are inspiring, observant, introspective, insightful, and wise. Even though the stories revolve around women trained to be lawyers, their stories are relevant to life outside the legal profession and will be lessons for all women professionals. Jacquelyn Slotkin: B.A. , University of Pittsburgh; M.A., West Virginia University; Ph.D., University of Arizona; J.D., University of San Diego. Professor Slotkin, former director of the Legal Skills Program and a legal skills professor, is currently director of the LL.M./M.C.L. Program for foreign lawyers at California Western School of Law in San Diego, California. She has been researching female roles since 1976 when she surveyed and analyzed data about female college graduates for her Ph.D. dissertation. In 1996 and in 2002, she surveyed an ethnically diverse population of female attorneys living and working in San Diego to determine if educated women were experiencing role conflict. She is currently completing an article about German women lawyers - an international perspective on women in the legal profession. Samantha Slotkin Goodman: B.A. , University of California, Los Angeles; J.D., Loyola Law School. Samantha Goodman joined Bryan Cave LLP as Counsel in 2005 as a member of the Real Estate Client Service Group. She concentrates her practice in real estate leasing, representing both landlords and tenants. Ms. Goodman is a frequent lecturer on Landlord and Tenant Law in California. Samantha has been named a Southern California Rising Star for 2004, 2005, 2006 and 2007 in a poll among Southern California Super Lawyers conducted by Law and Politics and Los Angeles magazines. In addition, she was named one of "The Southland's Rising Young Stars Under 40" by Real Estate Southern California in 2005. Prior to joining Bryan Cave LLP, Samantha was a Senior Associate at Pillsbury Winthrop Shaw Pittman LLP and DLA Piper US LLP.

Gender, Conflict, and Development

Gender, Conflict, and Development
Author: Tsjeard Bouta
Publisher: World Bank Publications
Total Pages: 224
Release: 2005
Genre: Social Science
ISBN: 9780821359686

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This publication focuses on the gender dimensions of intrastate conflicts (civil wars), organised around eight key themes of gender and warfare, sexual violence, formal and informal peace processes, post-conflict legal frameworks, work issues, rehabilitation of social services and community-driven development. For each theme, the authors examine the impact on gender roles of conflict situations, the development challenges involved, and the policy options available to help build more inclusive and gender balanced post-conflict societies.