Law and Gender in Modern Ireland: Critique and Reform



Editor(s): Lynsey Black, Peter Dunne
Publishing: 21-02-2019
Format: Hardback
Edition: 1st
Extent: 384
ISBN: 9781509917211
Imprint: Hart Publishing

About Law and Gender in Modern Ireland
Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse.

Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities.

This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

Table Of Contents
Lynsey Black and Peter Dunne
1. Sexual Offences Law in Ireland: Countering Gendered Stereotypes in Adjudications of Consent in Rape Trials
Susan Leahy
2. Prostitution Law
Ivana Bacik
3. Gender, Prostitution and Trafficking for Sexual Exploitation
Monica O'Connor and Nusha Yonkova
4. Abortion Law in Ireland: Reflecting on Reform
Máiréad Enright

5. Mapping a Transformed Landscape: Sexual Orientation and the Law in Ireland
Fergus Ryan
6. Law and Parental Rights
Brian Tobin
7. Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia
Andrea Mulligan
8. Domestic Violence Law
Louise Crowley
9. The Gendered Properties of Marriage Breakdown
Deirdre McGowan
10. Hidden in Plain Sight? Gender in the Irish Financial Crisis
Mary Donnelly
11. Gender Identity, Intersex and Law in Ireland
Tanya Ní Mhuirthile

12. Gender and the Irish Constitution: Article 41.2, Symbolism and the Limitations of the Courts' Approach to Substantive Gender Inequality
Alan DP Brady
13. 'Doing Gender' and Irish Employment Law
Lucy-Ann Buckley
14. Gender and Asylum Law
Patricia Brazil
15. Redressing Gendered Mistreatment: Magdalene Laundries, Symphysiotomy and Mother and Baby Homes 3
James Gallen
16. Gender and Politics
Fiona Buckley and Yvonne Galligan
17. Women in Law
Mary O'Toole
18. Conclusions and Analysis
Lynsey Black and Peter Dunne

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