B6845 - GENDER AND THE LAW

Learning outcomes

At the end of the course unit, students: - are more familiar with feminist critical theories and queer to liberalism and liberal systems; - understand that the apparent neutrality of legal norms is instead centered on particularistic conceptualizations affecting gender, sexuality and sexual orientation; - know the theories on the relationship between multiculturalism and feminism and are encouraged to reflect on gender (in)equality in a culturally plural world; - are provided with the critical tools to assess the role played by law in terms of sexual differences, sexual orientation, gender stereotypes, and the meaning of sexuality in the European, transnational and international contexts.

Course contents

This course is designed to provide students with a critical understanding of the gendered structure of the law. Feminist and queer critiques of liberalism have challenged traditional ways of thinking about law and legal systems, and have called into question some of the fundamental tenets of liberal democracy, such as equality, neutrality, justice, non-discrimination and universalism. These theories have highlighted how the law has created and reinforced gender roles, and how gender- related social and cultural constructs have shaped the balance of power and privilege in a liberal society. In this light, we will address a wide range of both theoretical and institutional problems, as well as thematic issues, pertaining to different areas of law, including citizenship, reproductive rights, marriage, sexuality, and violence. We will highlight how legal norms reflect gender-based stereotypes and how these impact the lives of people of different genders and sexual orientations. We will also focus on the increasing difficulties that multi-cultural societies experience in conceptualizing gender equality, examining contentious issues such as the regulation of religious marriage, and other gender-related “cultural clashes”.

Module II will tackle these issues in the context of Muslim societies, with a particular focus on Islamic feminism and Muslim women theologians, family law and women's political participation in predominantly Muslim countries.

 

Course contents do not vary for Erasmus/Exchange students

Readings/Bibliography

Reading List – Gender and the Law

Prof. Susanna Mancini (Module 1)

Topic 1 – Introduction to Feminist Theory

Clare Chambers, “Feminism,” in The Oxford Handbook of Political Ideologies, edited by Michael Freeden, and Marc Stears (Oxford University Press, 2013):

Catharine A. MacKinnon, “Difference and Dominance: On Sex Discrimination,” in Feminist Legal Theory, edited by Katharine T. Bartlett and Rosanne Kennedy (Routledge, 1991): 81-94.

Topic 2 – Women and Citizenship

Chapter “Citizenship” in Norman Dorsen et al., eds., Comparative Constitutionalism. Cases and Materials (West Academic, 2022).

Topic 3 – Democracy and the Representation of Difference

Anne Phillips, Democracy and the Representation of Difference and The Politics of Presence Problems and Developments (Aalborg Universitet, 2000).

Topic 4 – Multicultural Citizenship and Women’s Equality

Will Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford University Press, 1996): 1, 4–6, 34–37.

Susan Moller Okin, “Is Multiculturalism Bad for Women?,” in Is Multiculturalism Bad for Women?, edited by Joshua Cohen, Matthew Howard and Martha C. Nussbaum (Princeton University Press, 1999): 7-24.

Topic 5 – Balancing Minority Rights and Gender Justice

Rowan Williams, “Civil and Religious Law in England: A Religious Perspective,” Ecclesiastical Law Journal 10, no. 3 (2008): 262–82.

Ben Russel and Colin Brown, “Archbishop of Canterbury Warns Sharia Law in Britain is Inevitable,” The Independent (8 February 2008).

Pratibha Jain, “Balancing Minority Rights and Gender Justice: The Impact of Protecting Multiculturalism on Women’s Rights in India,” Berkeley Journal of International Law 23 (2005): 201–22.

Siobhan Mullally, “Feminism and Multicultural Dilemmas in India: Revisiting the Shah Bano Case,” Oxford Journal of Legal Studies 24, no. 4 (2004): 671–92.

Ayelet Shachar, “Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law,” in Feminism, Law, and Religion, edited by Marie Failinger, Elizabeth Schiltz, Susan J. Stabile (Routledge, 2013): 109-140.

Topic 6 – Gender Equality and the Anti-Stereotype Approach in the US Jurisprudence

Neil S. Siegel and Reva B. Siegel, “Pregnancy and Sex-Role Stereotyping: From ‘Struck’ to ‘Carhart’,” Ohio State Law Journal 40, no. 4 (2009): 1097-1113.

Cary Franklin, “The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law,” New York University Law Review 85, no. 1 (2010): 83-173.

Topic 7 – Gender Base Violence: Focus on the Istanbul Convention

Radosveta Vassileva, “Bulgaria’s Constitutional Troubles with the Istanbul Convention,” VerfassungsBlog (2 August 2018).

Excerpts from the chapter “Citizenship” in Norman Dorsen et al., eds., Comparative Constitutionalism. Cases and Materials (West Academic, 2022).

Topic 8 – Right, Body, Sexuality, Relationships

Excerpts from the chapter “Dignity, Privacy, and Personal Autonomy” in Norman Dorsen et al., eds., Comparative Constitutionalism. Cases and Materials (West Academic, 2022).

Topic 9 – Queer Theory: Focus on Judith Butler

Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (Routledge, 1990).

Nandini Archer and Claire Provost, “Revealed: $280m ‘dark money’ spent by US Christian Right groups globally,” OpenDemocracy (27 October 2020).

Topic 10 – Abortion and Gender Equality

Excerpts from the chapter “Dignity, Privacy, and Personal Autonomy” in Norman Dorsen et al., eds., Comparative Constitutionalism. Cases and Materials (West Academic, 2022).

Susanna Mancini, “False Science and Misogyny: Trump’s Assault on Reproductive Rights,” DPCE Online, no. 1 (2021): 1087-1104.

Reva B. Siegel, “The Trump Court Limited Women’s Rights Using 19th-Century Standards,” The Washington Post (25 June 2022).

Linda Greenhouse, Reva Siegel, and Daniela Salazar Marín, “Abortion: Rights in Motion,” in Global Constitutionalism 2022, edited by Judith Resnik (Yale Law School, 2022).

Topic 11 – Conscience Objection v Sexual and Reproductive Rights

Susanna Mancini and Michel Rosenfeld, “Introduction,” in The Conscience Wars, edited by Susanna Mancini and Michel Rosenfeld (Cambridge University Press, 2018): 1-19.

Prof. Francesco Biagi (Module 2)

Topic 1 – The Feminist Discourse in Islamic Countries

Leila Ahmed, “Chapter 9: The First Feminists,” in Women and Gender in Islam: Historical Roots of a Modern Debate (Yale University Press, 2021): 169-188.

Topic 2 – Women’s Rights in the Constitutions of Tunisia

Imen Galalla-Arndt, “Tunisia After the Arab Spring: Women’s Rights at Risk?,” in Constitutionalism, Human Rights, and Islam After the Arab Spring, edited by Rainer Grote, Tilmann J. Röder, and Ali M. El-Haj (Oxford University Press, 2016): 599-614.

Topic 3 – Women’s Rights in Other Post-Arab Spring Constitutions

Excerpts from Constitutions of Egypt (2012 and 2014), Libia (2017), Morocco (2011), and Algeria (2020).

Topic 4 – Women, Sharia and Personal Status

Leila Ahmed, “Chapter 3: Women and the Rise of Islam,” in Women and Gender in Islam: Historical Roots of a Modern Debate (Yale University Press, 2021): 41-63.

Imen Galalla-Arndt, “Tunisia After the Arab Spring: Women’s Rights at Risk?,” in Constitutionalism, Human Rights, and Islam After the Arab Spring, edited by Rainer Grote, and Tilmann J. Röder, (Oxford University Press, 2016): 600-603.

Léon Buskens, “Chapter 3. Sharia and National Law in Morocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present (Leiden University Press, 2012): 113-120.

Topic 5 – The Issue of the Islamic Veil

Nathan J. Brown, and Clark B. Lombardi, “The Supreme Constitutional Court of Egypt on Islamic Law, Veiling and Civil Rights: An Annotated Translation of Supreme Constitutional Court of Egypt Case No. 8 of Judicial Year 17 (May 18, 1996),” American University International Law Review 21, no. 3 (2006): 437-460.

Topic 6 - Non-Muslims and LGBTQ People in Islamic Countries

Joshua Castellino, and Kathleen A. Cavanaugh, “Chapter 3: Minority Identities in the Middle East: Religious Minorities,” in Minority Rights in the Middle East (Oxford University Press, 2013): 82-85.

Omar Faraj, “Religious Minorities Under Pressure: The Situation in Egypt, Iraq, and Syria,” in Constitutionalism, Human Rights, and Islam After the Arab Spring, edited by Rainer Grote, and Tilmann J. Röder (Oxford University Press, 2016): 639-647.

 

Teaching methods

Course requirements include regular class attendance. Students are expected to have read the assigned materials before each class. Class time will be divided between lectures and discussion. Each topic will be introduced by the instructor.

Given the sensitive nature of most of the issues that we will tackle, it is critical that during class discussion each participant carefully chooses her/his words, and acts respectfully towards those who hold different views. Offensive utterances and behaviors will not be tolerated.

Words matters: there is a relationship between our language use and our social reality. This course should be an occasion to learn to use non discriminatory expressions and a gender-sensitive language. Please, avoid using masculine nouns and pronouns in situations where the gender of their subject(s) is unclear or variable, or when the group to which they are referring contains members of both sexes; alternate gendered pronouns and/or include both pronouns in each sentence by writing “her/his” or “her/him;” use gender-neutral nouns (e.g. "persons" instead of "men", "police officer" instead of "policeman" etc.). You might also want to use gender-neutral pronouns that do not specify whether the subject of the sentence is female or male. 'They', for instance, is a third-person pronoun that is gender neutral. Other gender-neutral pronouns include 'them', 'this person', 'everyone',. If you're not sure which pronoun to use, you can also use that person's name.

Assessment methods

Assessment methods do not vary for Erasmus/Exchange students

Unless otherwise indicated, the exam will be administered in WRITTEN form. On the day of the scheduled exam session, students will be required to respond – in person, using the computers in the university’s IT laboratories – to a series of open-ended questions covering different parts of the course syllabus. The exam will last 75 minutes.

The use of the internet or artificial intelligence tools (e.g., ChatGPT) during the examination is strictly prohibited. Any violation of this rule will result in the invalidation of the exam and a formal report to the University’s Disciplinary Committee.

Students who regularly attend lectures (at least 70% class attendance) will have the opportunity to take the exam – again in written form – during an early session (pre-appello) to be held in December (the exact date will be announced at the beginning of the course). This early exam session will focus on the topics covered during lectures.

The mark awarded in the written exam is final and does not require the completion of an oral examination. Students who fail the exam or choose not to accept the mark obtained must retake the written examination in a subsequent session.

More detailed instructions regarding the exam procedures – both for attending and non-attending students – will be made available on Virtuale in a document titled “Exam Instructions.”

For illustrative purposes only, the following criteria will guide the awarding of marks:

- 18–19: limited preparation on a small number of topics covered in the course; limited analytical ability; generally correct use of language.

- 20–24: preparation on a limited number of topics; independent analytical ability only on purely procedural matters; correct use of language.

- 25–29: broad preparation across a wide range of course topics; ability to make independent and critical analyses; good command of subject-specific terminology.

- 30–30 with honours (lode): comprehensive knowledge of course content; strong critical and analytical skills, including cross-topic connections; excellent command of technical terminology, as well as strong argumentation and self-reflective skills.

Marks will be published on Virtuale within a few days of the exam. Students who do not wish to have their mark registered must send an email to me, copying in Dr Lidia Bonifati (lidia.bonifati2@unibo.it) and Dr Alessandro Martinuzzi (a.martinuzzi@unibo.it [mailto:a.martinuzzi@unibo.it] ).

Students with DSA or with temporary or permanent disabilities should contact the University’s dedicated support office in advance: https://site.unibo.it/studenti-con-disabilita-e-dsa/it . This office will liaise directly with the students concerned to propose any appropriate accommodations, which must be submitted for the lecturer’s approval at least 15 days in advance. The appropriateness of such adaptations will be evaluated in relation to the course’s learning objectives.

Office hours

See the website of Susanna Mancini