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Marie A. Failinger - Feminism, Law, and Religion

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With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on womens rights and the place that religious law has assigned to women in ecclesiastic life.Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists, and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

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FEMINISM, LAW, AND RELIGION

Gender in Law, Culture, and Society

Series Editor
Martha Albertson Fineman, Emory University School of Law, USA

Gender in Law, Culture, and Society will address key issues and theoretical debates related to gender, culture, and the law. Its titles will advance understanding of the ways in which a societys cultural and legal approaches to gender intersect, clash, and are reconciled or remain in tension. The series will further examine connections between gender and economic and political systems, as well as various other cultural and societal influences on gender construction and presentation, including social and legal consequences that men and women uniquely or differently encounter. Intended for a scholarly readership as well as for courses, its titles will be a mix of single-authored volumes and collections of original essays that will be both pragmatic and theoretical. It will draw from the perspectives of critical and feminist legal theory, as well as other schools of jurisprudence. Interdisciplinary, and international in scope, the series will offer a range of voices speaking to significant questions arising from the study of law in relation to gender, including the very nature of law itself.

Other titles in the series

Critical Queer Studies: Law, Film, and Fiction in Contemporary American Culture
Casey Charles
ISBN 9781409444060

Feminism, Law, and Religion

Edited by

MARIE A. FAILINGER
Hamline University School of Law, USA

ELIZABETH R. SCHILTZ
University of St. Thomas School of Law, USA

SUSAN J. STABILE
University of St. Thomas School of Law, USA

ASHGATE

Marie A. Failinger, Elizabeth R. Schiltz, Susan J. Stabile and the contributors 2013

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Marie A. Failinger, Elizabeth R. Schiltz and Susan J. Stabile have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

Published by
Ashgate Publishing Limited
Wey Court East
Union Road
Farnham
Surrey, GU9 7PT
England

Ashgate Publishing Company
110 Cherry Street
Suite 3-1
Burlington, VT 05401-3818
USA

www.ashgate.com

British Library Cataloguing in Publication Data

Feminism, law, and religion. (Gender in law, culture, and society)
Feminist jurisprudence. Feminism Religious aspects. Women Legal status, laws, etc. Women and religion.
I. Series II. Failinger, Marie A. III. Schiltz, Elizabeth. IV. Stabile, Susan J., 1957
340.082dc23

The Library of Congress has cataloged the printed edition as follows:
Feminism, law, and religion / by Marie A. Failinger, Elizabeth R. Schiltz, and Susan J. Stabile.

pages cm

Includes bibliographical references and index.

ISBN 978-1-4094-4419-0 (hardcover)ISBN 978-1-4094-4421-3 (pbk)ISBN 978-1-4094-4420-6 (ebook)ISBN 978-1-4094-7481-4 (epub) 1. Comparative religious law. WomenLegal status, laws, etc. Women and religion. Feminist jurisprudence. Women (Canon law) 6. Women (Islamic law) I. Failinger, Marie A., editor of compilation. II. Schiltz, Elizabeth R., editor of compilation. III. Stabile, Susan J., 1957 editor of compilation.

KB526.F46 2013
208.4dc23

2012048044

ISBN 9781409444190 (hbk)
ISBN 9781409444213 (pbk)
ISBN 9781409444206 (ebk-PDF)
ISBN 9781409474814 (ebk-ePUB)

Contents


Elizabeth R. Schiltz


Cheryl B. Preston


Susan J. Stabile


Emily Albrink Hartigan


Ayelet Shachar


M. Christian Green


Asifa Quraishi-Landes


Marie A. Failinger


Deborah J. Cantrell


Juliane Hammer


Nimat Hafez Barazangi


Frances Raday


Naomi Graetz


Hina Azam


Sister Sara Butler, M.S.B.T .


Rebecca Redwood French


Mary Szto

List of Figures and Table

Figures

Table

Notes on Contributors

About the Principal Authors

Marie A. Failinger is a professor of law at Hamline University School of Law, where she has been the editor of the internationally recognized Journal of Law and Religion for 25 years. Her areas of expertise and scholarship include constitutional law, law and religion, and gender and law. She serves as an editorial board member and contributor to the online Journal of Lutheran Ethics.

Elizabeth R. Schiltz is a professor of law at the University of St. Thomas School of Law, where she serves as the Thomas J. Abood Research Scholar and Co-Director of the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy. Her research interests include the relationship of federal and state law in regulating consumer credit, disability and consumer law theory, and feminist legal theory from a Catholic perspective.

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