Many scholars think that women are sentenced more leniently than men because judges are paternalistic toward women. In this article, I suggest that paternalism is a multilayered concept and that it is important to distinguish between judicial concerns for protecting women and those for protecting children and families. To learn what factors judges consider in sentencing and whether these differ for men and women defendants, I interviewed 20 men and 3 women judges in two state criminal courts. I learned that (...) the primary objects of judicial protection were not women, but children, and men's and women's economic support or care for families. However, there was a labor hierarchy in the judges' minds in that they believed that care giving was more important than wage earning for the maintenance of families. Interactive influences among the defendant's gender, familial status, race or ethnicity, and the nature of the offense charged are discussed. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

An account of the emergence and disintegration of.

Sixteen essays by international contributors present detailed case studies exploring the government agencies designed to further feminist goals in Australia, Canada, Denmark, France, Germany, Great Britain, Ireland, Italy, the Netherlands, Norway, Poland, Spain, Sweden, and the US. Paper edition (unseen), $24.95. Annotation copyright Book News, Inc.

Unruly Practices brings together a series of widely discussed essays in feminism and social theory. Read together, they constitute a sustained critical encounter with leading European and American approaches to social theory. In addition, Nancy Fraser develops a new and original socialist-feminist critical theory that overcomes many of the limitations of current alternatives. First, in a series of critical essays, she deploys philosophical and literary techniques to assess the work of Michael Foucault, the French deconstructionists, Richard Rorty, and Jürgen Habermas. (...) Then, in a group of constructive essays, she incorporates their respective strengths in a new critical theory of late-capitalist political culture. Fraser breaks new ground methodologically by integrating the previously divergent insights of poststructuralism, critical social theory, feminist theory, and pragmatism. Thematically, she deals with varied forms of dominance and subordination in modern, industrial, late-capitalist societies. These themes are integrated in an original theory of 'the politics of need interpretation.' This concept becomes the linchpin of the socialist-feminist critical theory. (shrink)

Lisa D. Brush turns a gendered lens on states, power, and governance, showing the inherent inequalities in political systems and gender systems and how they intersect. She reveals the way in which state power supports male dominance in American and other western political systems. This book a useful antidote to traditional textbooks on government, the state, politics, and social policy.

Violence against women is one of the most insidious social ills facing the world today. Yet governmental response is inconsistent, ranging from dismissal to aggressive implementation of policies and programs to combat the problem. In her comparative study of thirty-six democratic governments, Laurel Weldon examines the root causes and consequences of the differences in public policy from Northern Europe to Latin America. She reveals that factors that often influence the development of social policies do not determine policies on violence against (...) women. Neither economic level, religion, region, nor the number of women in government determine governmental responsiveness to this problem. Weldon demonstrates, for example, that Nordic governments take no more action to combat violence against women than Latin American governments, even though the Swedish welfare state is often considered a leader in social policy, particularly with regard to women's issues. Instead, the presence of independently organized, active women's movements plays a greater role in placing violence against women on the public agenda. The breadth and scope of governmental response is greatly enhanced by the presence of an office dedicated to promoting women's status. Weldon closes with practical lessons and insights to improve government action on violence against women and other important issues of social justice and democracy. (shrink)