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.

This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.

Building on the growing body of theoretical literature on the gendered nature of nationalism, this book offers a systematic examination of similarities and differences in the construction of gender and national identities in post-communist societies of Eastern and East Central Europe as well as established and the more stable democracies of Western Europe. It points to some of the key sources of inevitable tensions in the future united Europe, which stem from different perceptions of national and gender roles in different parts of the continent.

Poetry, Politics, and the Law in Modern Ireland is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions. Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this monograph is the first in the growing field of law and literature to focus exclusively on modern Ireland. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats. Poetry from the time of independence onwardhas been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions.

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

What does religion mean to modern Ireland and what is its recent social and political history? The Oxford Handbook of Religion in Modern Ireland provides in-depth analysis of the relationships between religion, society, politics, and everyday life on the island of Ireland from 1800 to the twenty-first century. Taking a chronological and all-island approach, it explores the complex and changing role of religion both before and after partition. The handbook's thirty-two chapters address long-standing historical and political debates about religion, identity, and politics, including religion's contributions to division and violence. They also offer perspectives on how religion interacts with education, the media, law, gender and sexuality, science, literature, and memory. Whilst providing insight into how everyday religious practices have intersected with the institutional structures of Catholicism and Protestantism, the book also examines the island's increasing religious diversity, including the rise of those with 'no religion'. Written by leading scholars in the field and emerging researchers with new perspectives, this is an authoritative and up-to-date volume that offers a wide-ranging and comprehensive survey of the enduring significance of religion on the island.

She looks at cultural constructions of the human body and their influence on nationalist rhetoric, linking the production and reception of the plays to conversations about public health, popular culture, economic policy, and racial identity that were taking place inside and outside the nationalist community."--BOOK JACKET.

This edited collection presents a selection of essays on the history of Irish masculinities. Beginning with representations of masculinity in eighteenth-century drama, economics, and satire, and concluding with work on the politics of masculinity post Good-Friday Agreement in Northern Ireland, the collection advances the importance of masculinities in our understanding of Irish history and historiography. Using a variety of approaches, including literary and legal theory as well as cultural, political and local histories, this collection illuminates the differing forms, roles, and representations of Irish masculinities. Themes include the politicisation of Irishmen in both the Republic of Ireland and in Northern Ireland; muscular manliness in the Irish Diaspora; Orangewomen and political agency; the disruptive possibility of the rural bachelor; and aspirational constructions of boyhood. Several essays explore how masculinity is constructed and performed by women, thus emphasizing the necessity of differentiating masculinity from maleness. These essays demonstrate the value of gender and masculinities for historical research and the transformative potential of these concepts in how we envision Ireland’s past, present, and future.

This collection argues that gender must be considered as both an approach to history, and as a reflection of the deep workings of the lived, historical past. The sixteen original essays explore social and cultural expressions of gender in Europe from the fourteenth to the eighteenth centuries. They examine theories and practices of gender in domestic, religious, and political contexts, including the Reformation, the convent, the workplace, witchcraft, the household, literacy, the arts, intellectual spheres, and cultures of violence and memory. The volume exposes the myriad ways in which gender was actually experienced, together with the strategies used by individual men and women to negotiate resilient patriarchal structures. Overall, the collection opens up new synergies for thinking about gender as a category of historical analysis and as a set of experiences central to late medieval and early modern Europe.