The Public Law of Gender: From the Local to the Global

Kim Rubenstein · Katharine G. Young

may 2016 · Cambridge University Press

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With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

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Kim Rubenstein is Professor and Director of the Centre for International and Public Law at the Australian National University College of Law, where she is also a Public Policy Fellow.

Katharine G. Young is an Associate Professor at Boston College Law School. Her fields of expertise include comparative public law and international human rights law.