Tort Law and Feminism

2021 ◽  
Author(s):  
Sarah L. Swan
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Racial Bias ◽  
Tort Law ◽  
Third Party ◽  
Duty Of Care ◽  
Gender Justice ◽  
Social Equality ◽  
Damage Awards ◽  
Further Development

The article imagines what tort law might look like if it more fully embraced feminist reforms. Despite decades of compelling feminist advocacy and scholarship, tort law has largely resisted attempts to orient it toward pursuing goals of social justice or equality. Nevertheless, some feminist redirection has laid the groundwork for further development. Focusing on four foundational concepts in tort law—duty, third-party liability, harm, and damages—this article uses the tools, insights, and arguments of modern feminist tort scholarship to envision the doctrinal landscape of a tort law rooted in gender justice and social equality. It explores how reconceptualizing the duty of care, expanding third-party liability, recognizing a broader range of intimate and harassment-based harms, and eliminating gender and racial bias from damage awards could transform tort from an instrument that perpetuates social inequalities into a mechanism of social justice offering recompense and remedy to all who are wrongfully injured.

scholarly journals Community Resilience: Key Concepts and their Applications to Epidemic Shocks

2021 ◽  
Author(s):  
Megan Schmidt-Sane ◽  
Tabitha Hrynick ◽  
Eva Niederberger
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Systems Approach ◽  
Community Resilience ◽  
Community Capacity ◽  
Academic Literature ◽  
Marginalised Groups ◽  
Key Concepts ◽  
Further Development

The COVID-19 pandemic has exposed long-standing social inequalities and vulnerabilities, with the most disadvantaged and marginalised groups bearing the greatest health, social, and economic burdens. Beyond documenting these vulnerabilities, there is a need to mitigate them and support the resilience of marginalised communities. ‘Community resilience’ can bolster community capacity to cope with the pressures of various shocks; this brief explores how its concepts can be applied to epidemics. It reviews the grey and academic literature on different approaches to community resilience. It covers 1) terminology, 2) lessons from practice, 3) the context of community resilience, 4) a systems approach, and 5) key human and social capacities. Social justice, inequality, equity, and fairness are highlighted as themes in need of further development for resilience as it relates to epidemic preparedness and response. This brief was developed for SSHAP by IDS (led by Megan Schmidt-Sane with Tabitha Hrynick) with Anthrologica (Eva Niederberger).

scholarly journals Community Resilience: Key Concepts and their Applications to Epidemic Shocks

2021 ◽  
Author(s):  
Megan Schmidt-Sane ◽  
Tabitha Hrynick ◽  
Eva Niederberger
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Systems Approach ◽  
Community Resilience ◽  
Community Capacity ◽  
Academic Literature ◽  
Marginalised Groups ◽  
Key Concepts ◽  
Further Development

The COVID-19 pandemic has exposed long-standing social inequalities and vulnerabilities, with the most disadvantaged and marginalised groups bearing the greatest health, social, and economic burdens. Beyond documenting these vulnerabilities, there is a need to mitigate them and support the resilience of marginalised communities. ‘Community resilience’ can bolster community capacity to cope with the pressures of various shocks; this brief explores how its concepts can be applied to epidemics. It reviews the grey and academic literature on different approaches to community resilience. It covers 1) terminology, 2) lessons from practice, 3) the context of community resilience, 4) a systems approach, and 5) key human and social capacities. Social justice, inequality, equity, and fairness are highlighted as themes in need of further development for resilience as it relates to epidemic preparedness and response. This brief was developed for SSHAP by IDS (led by Megan Schmidt-Sane with Tabitha Hrynick) with Anthrologica (Eva Niederberger).

scholarly journals Community Resilience: Key Concepts and their Applications to Epidemic Shocks

2021 ◽  
Author(s):  
Megan Schmidt-Sane ◽  
Tabitha Hrynick ◽  
Eva Niederberger
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Systems Approach ◽  
Community Resilience ◽  
Community Capacity ◽  
Academic Literature ◽  
Marginalised Groups ◽  
Key Concepts ◽  
Further Development

The COVID-19 pandemic has exposed long-standing social inequalities and vulnerabilities, with the most disadvantaged and marginalised groups bearing the greatest health, social, and economic burdens. Beyond documenting these vulnerabilities, there is a need to mitigate them and support the resilience of marginalised communities. ‘Community resilience’ can bolster community capacity to cope with the pressures of various shocks; this brief explores how its concepts can be applied to epidemics. It reviews the grey and academic literature on different approaches to community resilience. It covers 1) terminology, 2) lessons from practice, 3) the context of community resilience, 4) a systems approach, and 5) key human and social capacities. Social justice, inequality, equity, and fairness are highlighted as themes in need of further development for resilience as it relates to epidemic preparedness and response. This brief was developed for SSHAP by IDS (led by Megan Schmidt-Sane with Tabitha Hrynick) with Anthrologica (Eva Niederberger).

Women's Activism, Feminism, and Social Justice

2019 ◽  
Author(s):  
Margaret A. McLaren
Keyword(s):  
Social Justice ◽  
Social Activism ◽  
Cultural Imperialism ◽  
Gender Justice ◽  
Women's Activism ◽  
Political Responsibility ◽  
Economic Exploitation ◽  
Wide Range ◽  
Relational Framework ◽  
Individual Success

Informed by practices of women’s activism in India, this book proposes a feminist social justice framework to address the wide range of issues women face globally, including economic exploitation; sexist oppression; racial, ethnic, and caste oppression; and cultural imperialism. The feminist social justice framework provides an alternative to mainstream philosophical frameworks that analyze and promote gender justice globally: universal human rights, economic projects such as microfinance, and cosmopolitanism. These frameworks share a commitment to individualism and abstract universalism that underlie certain liberal and neoliberal approaches to justice. Arguing that these frameworks emphasize individualism over interdependence, similarity over diversity, and individual success over collective capacity, McLaren draws on the work of Rabindranath Tagore to develop the concept of relational cosmopolitanism. Relational cosmopolitanism prioritizes our connections, while acknowledging power differences. Extending Iris Young’s theory of political responsibility, McLaren shows how Fair Trade connects to the economic solidarity movement. The Self-Employed Women’s Association and MarketPlace India empower women through access to livelihoods as well as fostering leadership capabilities that allow them to challenge structural injustice through political and social activism. Their struggles to resist economic exploitation and gender oppression through collective action show the importance of challenging individualist approaches to achieving gender justice. The book concludes with a call for a shift in our thinking and practice toward reimagining the possibilities for justice from a relational framework, from independence to interdependence, from identity to intersectionality, and from interest to sociopolitical imagination.

Prisoners’ Families and the Problem of Social Justice

2018 ◽  
Author(s):  
Rachel Condry
Keyword(s):  
Social Justice ◽  
Social Inequalities ◽  
Democratic Society ◽  
The State ◽  
Equal Citizenship

This chapter explores the wide-ranging impact of imprisonment upon the lives of the families of prisoners and the entrenched social inequalities that this both generates and reinforces. It considers the concept of social justice and whether it is useful to this enterprise. The chapter furthermore questions why the families of prisoners are faced with many difficulties. It applies theories of social justice to the consequences experienced by families of prisoners and asks whether or not those consequences are consistent with the principles of these theories. In a democratic society that claims to be organised around principles of equal citizenship, the chapter argues that there is a need to fully consider how and why families of prisoners (as innocent citizens) are affected by punishment inflicted by the state.

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

scholarly journals COVID-19 and the calls of humanistic social work: Exploring the developmental-clinical social work concerns of the pandemic

2021 ◽  
pp. 002087282110079
Author(s):  
Robert K Chigangaidze
Keyword(s):  
Social Justice ◽  
Social Work ◽  
Global Health ◽  
Technological Innovation ◽  
Service Provision ◽  
Social Inequalities ◽  
Clinical Social Work ◽  
Health Community ◽  
The Social ◽  
The Face

Any health outbreak is beyond the biomedical approach. The COVID-19 pandemic exposes a calamitous need to address social inequalities prevalent in the global health community. Au fait with this, the impetus of this article is to explore the calls of humanistic social work in the face of the pandemic. It calls for the pursuit of social justice during the pandemic and after. It also calls for a holistic service provision, technological innovation and stewardship. Wrapping up, it challenges the global community to rethink their priorities – egotism or altruism. It emphasizes the ultimate way forward of addressing the social inequalities.

Legislating Privilege

2002 ◽  
Vol 30 (1) ◽  
pp. 24-33 ◽  
Author(s):  
Marc S. Spindelman
Keyword(s):  
Sexual Orientation ◽  
Assisted Suicide ◽  
Social Inequalities ◽  
Physician Assisted Suicide ◽  
Social Equality ◽  
Affective Expressions

Serious concerns about pervasive, persistent, and unjustified social inequalities have prompted a small—but growing—number of academic commentators to raise some hard and troubling questions for those who would like to legalize physician-assisted suicide. In various ways, these commentators have asked: In light of existing social inequalities—inequalities that operate, for example, along sometimes intersecting lines of race, class, age, sex (including sexual orientation), and disability—how persuasive are autonomy-based arguments in favor of legalization of assisted suicide when those arguments depend (as they typically do) on a conception of autonomy that either presupposes social equality or does not expressly account for its absence? How compelling are arguments that we ought to legalize assisted suicide out of feelings of mercy for the sick and dying, when such affective expressions may actually be the socially acceptable manifestation of private ambivalence that includes merciless discrimination?

Civil Recourse Theory

2020 ◽  
pp. 52-68
Author(s):  
Benjamin C. Zipursky
Keyword(s):  
Basic Structure ◽  
Tort Law ◽  
Structural Theory ◽  
Legal Rights ◽  
Duty Of Care ◽  
Political Morality ◽  
Role Of The State ◽  
Private Rights ◽  
Negligence Law

This chapter examines civil recourse theory. The phrase “civil recourse theory” has developed two connotations, suggesting: (1) a structural theory of the normative underpinnings of private law liability placing primary emphasis on a plaintiff’s right of redress and the role of the state in affording plaintiffs the power to exact damages from those who have violated the plaintiff’s legal rights; and (2) a distinctive, overarching tort theory that emphasizes a plaintiff’s right of redress while simultaneously emphasizing relational duty in negligence law and torts as legal wrongs. The chapter identifies several other views developed in connection with civil recourse theory but meant to stand apart from it. The thesis that negligence law’s duty of care is relational is among them; so too is the thesis that tort law consists of specifications of legal wrongs, that these wrongs are defined in relatively strict manner, and that plaintiffs must have an injury to prevail on a tort claim. Deploying the narrower conception of civil recourse theory, the chapter defends the principle of civil recourse as a matter of political morality and depicts the place of private rights of action in the basic structure of a just liberal democracy.

scholarly journals Eroded Rule of Law, Endemic Violence and Social Injustice in Brazil

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 211-242
Author(s):  
Mitja Kovač ◽  
Marcela Neves Bezerra
Keyword(s):  
Social Justice ◽  
Rule Of Law ◽  
Crime Rate ◽  
Social Inequalities ◽  
Prison System ◽  
Living Conditions ◽  
Social Injustice ◽  
Short Term ◽  
The Rule Of Law ◽  
Weak Rule

Modern Brazil is plagued by social and economic inequalities, endemic violence, crime, and a weak rule of law. Once these narratives become dependent on each other, all aspects must be worked on to change the scenario the country is facing: insecurity, fear and a lack of opportunities. This paper argues that the unprecedented rise of social injustice in Brazil is not the result of short-term measures but is part of its history marked by economic and social inequalities extending from its colonial past until today and the deficient policies on crime that emerged in the mid-1990s. Moreover, the current massive incarceration, overcrowding of prisons combined with the absence of human living conditions is turning the prison system in Brazil into a gigantic, perpetual school of crime. Investment in education that directly helps to lower the crime rate must be aligned with a new, less repressive and more inclusive punitive policy so as to induce criminals not to return to their unlawful ways. It is suggested that Brazil can only properly develop if efficient legal institutions, the rule of law, and criminal sanctioning based on the principles of social justice are available to all citizens.

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