Legal Capacity & Gender: Realising the Human Right to Legal Personhood and Agency of Women, Disabled Women, and Gender Minorities (1st ed. 2021)

Synopsis

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. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Copyright:

2021

Book Details

Book Quality:

Publisher Quality

ISBN-13:

9783030634933

Related ISBNs:

9783030634926

Publisher:

Springer International Publishing

Date of Addition:

03/04/21

Copyrighted By:

Springer Nature Switzerland AG

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

Nonfiction, Social Studies, Law, Legal Issues and Ethics, Politics and Government

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.