Abstract
For feminist legal scholars, socio-legal studies has had an appeal precisely because it eschews a conception of law as autonomous or decontextualized, and thus provides scope for attention to the ways in which law both reflects (or fails to reflect) and constructs women’s experiences of gendered lives. In this chapter I discuss two strands of feminist socio-legal critique. The first of these strands critiques laws that fail to recognize the realities of gender difference and women’s lives, and argues that these need to be taken into account in legal policy and decision-making. This strand sees law as an institution which excludes women, and seeks to confront law with gendered ‘sociological realism’, as identified by John Clarke in his chapter in this collection. The second strand critiques the ways in which law’s constructions of gender produce constraining effects on women’s lives. This strand draws on poststructuralist scholarship and sees law as a discourse which contributes to the production of disciplined subjects.
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Hunter, R. (2013). The Gendered ‘Socio’ of Socio-Legal Studies. In: Feenan, D. (eds) Exploring the ‘Socio’ of Socio-Legal Studies. Palgrave Macmillan Socio-Legal Studies. Palgrave, London. https://doi.org/10.1007/978-1-137-31463-5_10
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