LGST 390: Women, Equality and the Law Report a Broken Link

Legal Studies 390: Women, Equality and the Law introduces students to the history of women’s engagement with the law as a tool to achieve social change. The course examines traditional women’s issues, such as abortion and pornography, as well as more the cutting-edge issues (e.g., transgendered persons) that exemplify the feminist legal movement in Canada.

Required Readings


Unit 1


Introduction to Feminist Discourse
Reading 1 Wollstonecraft, M. (1994). A vindication of the rights of women. In M. Schneir (Ed.), Feminism: The essential historical writings (pp. 5–16). New York: Vintage.
Reading 2 Mill, J. S. (1994). The subjection of women. In M. Schneir (Ed.), Feminism: The essential historical writings (pp. 162–178). New York: Vintage.
Reading 3 Gilligan, C. (1998). Moral orientation and moral development. In T. B. Dawson (Ed.), Women, law and social change (pp. 26–32). North York: Captus Press.
Reading 4 MacKinnon, C. (1987). Difference and dominance: On sex discrimination (1984). In Feminism unmodified: Discourses on life and law (pp. 32–45). Cambridge: Harvard University Press.

Unit 2


Basic Legal Principles and the Canadian Legal System
Reading 5 Fuller, L. (1964). The morality of law (pp. 33–39). New Haven, CT: Yale University Press.
Reading 8 Hogg, P. (2003). Constitutional law of Canada. Student ed. (pp. 1-27). Toronto: Carswell.

Unit 3


Women’s Legal Personality: A Test Case

Unit 4


Critical Perspectives on Law and Rights

As this is an ebook, you will have to scroll to issue 3 in the table of contents to find the correct article.

Reading 19 Mandel, M. (1994). The Charter and democracy (Part 1). In The Charter of Rights and the legalization of politics in Canada (pp. 39-53). Toronto: Thompson Educational Publishing.
Reading 20 Mandel, M. (1994). The Charter and democracy (Part 2). In The Charter of Rights and the legalization of politics in Canada (pp. 60-68). Toronto: Thompson Educational Publishing.

Unit 5


The Concept of Equality
Reading 26 Plessy v. Ferguson, 163 US 537 (1896).

Unit 6


Section 15 of the Charter: A History and Overview
Reading 30 Razack, S. (1991). From lobbying to legal action: Changing the meaning of equality, 1970–1985. In Canadian feminism and the law (pp. 27–50). Toronto: Second Story Press.
Reading 31 Women’s Legal Education and Action Fund. (1996). Introduction. In Equality and the Charter: Ten years of feminist advocacy before the Supreme Court of Canada (pp. xv-xxvi). Toronto: Emond Montgomery.
Reading 32 Women’s Legal Education and Action Fund. (1996). Andrews v. Law Society of British Columbia and the Attorney General of British Columbia. In Equality and the Charter: Ten years of feminist advocacy before the Supreme Court of Canada (pp. 5-25). Toronto: Emond Montgomery.

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.

Unit 7


Abortion

Unit 8


Pregnancy and Child Rearing
Reading 48 Mandel, M. (1994). The Charter of Rights and the legalization of politics in Canada. Toronto: Thompson.

E-book. Chapter 1. Theoretical Foundations

E-book. Chapter 6. Power, Constraint, and the Rhetoric of Choice

E-book. Chapter 9. Lessons to be Learned and a Case to be Remade

Unit 9


Pornography
Reading 52 MacKinnon, C. (1995). Pornography as defamation and discrimination. In M. H. Freedman & E. M. Freedman (Eds.), Contributions in legal studies, no. 78 (pp. 254-265). Westport, CT: Greenwood Press.
Reading 53 Dworkin, R. (1996). Freedom’s law: The moral reading of the American constitution. Cambridge, MA: Harvard University Press.
Reading 54 Women’s Legal Education and Action Fund (LEAF). (1996). Factum of the Women’s Legal Education and Action Fund (LEAF): Butler v. the Queen. In Equality and the Charter: Ten years of feminist advocacy before the Supreme Court of Canada (pp. 201-221). Toronto: Emond Montgomery.
Reading 56 Gotell, L. (1997). Shaping Butler: The new politics of anti–pornography. In Bad attitude/s on trial: Pornography, feminism, and the Butler decision (pp. 49-106). Toronto: University of Toronto Press.

Unit 10


Sexual Violence

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.

Reading 63 Majury, D. (1994). Seaboyer and Gayme: A study InEquality. In J. Roberts & R. Mohr (Eds.), Confronting sexual assault: A decade of social and legal change (pp. 268–292). Toronto: University of Toronto Press.

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.

Reading 67 Paciocco, D. (2001). Competing constitutional rights in an age of deference: A bad time to be accused. Supreme Court Law Review, 14, 111–133.

Unit 11


Who is a Woman? Transgendered Persons

If you encounter a problem to open the reading, try opening the reading in another browser such as Firefox, Chrome or Safari.