Women Law and Social Change
Women Law and Social Change
The Department of Women’s Studies and Feminist Research recognizes that we are located
on the traditional land of the Anishinaabeg, Haudenausaune, Lenape and Attawandaron
peoples.
COURSE DESCRIPTION
This course is designed to introduce students to the key issues, theories and debates concerned
with the workings of the law and legal institutions in relation to gender with a primary focus
on Canada. The purpose of this course is twofold: first, to explore how notions of sex and
gender shape, and are shaped by, the laws and public policies, and second, to examine how
gender is embedded in the politics of law making, by looking specifically at the behaviors of
legal, political and social actors, the organization of public and legal institutions, and the
political discourses employed in these processes. Within the scope of this course, the law is
understood and analyzed as both a tool of monitoring, classifying, regulating and constraining
the living conditions, bodies, and sexualities of women and LGBTs, racialized, indigenous or
otherwise, and their everyday experiences in households, markets, and communities, as well
as a site of feminist struggle and emancipatory practice.
The course will begin with an examination of feminist and intersectional theories that inform
the engagements of feminists with the state in order to influence laws and that have shaped
the main issues and debates in the field of feminist legal studies. By drawing from a range of
disciplines and fields of study including sociology, political science, law, gender studies and
public policy, the course will continue with a survey of some of the key topics that gender and
feminist legal scholars have substantially studied, such as gender and sexual violence, LGBT
identities, employment, care work, family and parenting, the regulation of intimate
relationships, and reproductive rights and justice, sex work/prostitution, colonized and
racialized women, and immigration.
In the course, we will probe the explicit and implicit assumptions about gender, race, class,
sexuality and other axes of social differentiation that influence and are built into law. While
LEARNING OBJECTIVES
Course readings and assignments are geared toward helping students achieve the following
objectives.
1. Develop a sociological understanding of the law both as a tool of regulation and control as
well as a site of dissent and contestation,
2. Develop a comprehension of the major theoretical approaches elaborated and adopted by
gender and feminist scholars in socio-legal studies,
3. Better understand inequities based on sex and gender, their sources, and attempts to reduce
them through political and legal means.
3. Have an in-depth grasp of the key topics, methodologies, and debates that animate the
literature,
5. Clearly articulate in both speaking and writing their theoretically informed and empirically
supported arguments on those issues and debates.
5. Develop the ability to understand the extent to which gender matters with respect to law
with a particular focus on how states and governments regulate relationships and axes of
social differentiation (i.e., gender, race, ethnicity, class, sexual orientation, citizenship status,
etc.) through the making and implementation of laws and their interpretation by various
institutions, and read and critique feminist social science research and theory.
1. Class Participation and Attendance (%10): Class participation will be worth 10% of the
final grade. Class participation includes: 1) attendance and 2) students’ familiarity with the
readings and concepts covered in the course as demonstrated by class discussion.
The instructor will pass around attendance sheets every lecture and ask you to put both your
name and your signature. It is expected that students participate to class discussions and
demonstrate their familiarity and engagement with the assigned readings and concepts,
2. Reflection Papers (each %5, in total %25): Students will write and submit five reflection
papers (two pages long, Times New Roman, double-spaced, standard margins). You can find
the deadlines for each reflection paper above. For these short papers, you will draw on the
course materials (readings, documentaries, etc.) and class discussions to analyze a written
and/or visual material (news, newspaper and magazine articles, ads, video clips, brochures,
booklets, posters, TV programs, films, etc.) of your choice. Reflection papers must be
submitted online through the course’s OWL website by 11:59 pm. Please also submit a copy
of the material—or a link to it if it is online—that you are using along with your paper.
Emailed submissions will only be accepted in exceptional circumstances. Hardcopies are not
required.
3. Two midterm exams (%20 each, %40 in total): Two 2-hour midterm exams will be held
in class throughout the academic year. The first will take place on November 12, 2019, and
the second on February 25, 2020, respectively. Both exams will start at 1:30 pm. You will be
responsible for all material covered in class until that date. The exams will include long-essay
and short-answer questions and each will be worth 20% of your final grade. More information
will be provided before the exams.
4. Final exam (%25): A 3-hour final exam will be held in class during the April 2020
examination period. The format will be the same as the midterm exams. The exact date/time
and other details will be announced in March 2020.
Course Materials: There are no books to purchase for the class; course readings are all freely
available online, via OWL or hyperlinks in the e-reading list. Readings will be supplemented
by films and documentaries throughout the year.
October 8: Feminist legal theory II: Post-structuralist and Post-colonial Theories and
Current Perspectives
Mohanty, C. T. 1988. “Under Western Eyes: Feminist Scholarship and Colonial Discourses.”
Feminist Review 30: 61-88.
Sutherland, K. 2003. “From Jailbird to Jailbait: Age of Consent Laws and the Construction of
Teenage Sexualities.” William and Mary Journal of Women and the Law 9(3): 313-349.
Dietz, M. G. 2003. “Current Controversies in Feminist Theory.” Annual Review of Sociology
6: 399-431.
Chambers, L. & Roth, J. 2014. “Prejudice Unveiled: The Niqab in Court.” Canadian Journal
of Law and Society. 29(3): 381-395.
October 22: Legal and Policy Responses to Gender and Domestic Violence
MacKinnon, C. 1991. “Reflections on Sex Equality under Law.” The Yale Law Journal
100(5): 1281-1328.
Schneider, E. 2000. Battered Women and Feminist Lawmaking. New Haven: Yale University
Press. (Part I: Ch. 1 & 2)
Gotell, L. 2007. “The Discursive Disappearance of Sexualized Violence: Feminist Law
Reform, Judicial Resistance and Neoliberal Sexual Citizenship,” in Feminism, Law and Social
Change: (Re)action and Resistance, D. E. Chunn, S. B. Boyd, & H. Lessard, eds. Vancouver,
BC: UBC Press, pp. 127-163.
November 19 – Rape Myths, Feminist Engagements with the Law, and Current Debates
Joanne Conaghan & Yvette Russell. 2014. “Rape Myths, Law, and Feminist Research:
‘Myths about Myths’? Feminist Legal Studies 22: 25-48
Reece, H. 2013. “Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?” Oxford
Journal of Legal Studies 33(3): 445-473.
Gruber, A. 2009. “Rape, Feminism and the War on Crime” Washington Law Review 84: 581-
658.
WINTER BREAK