Feminist Judgments: Rewritten Property Opinions

Feminist perspectives and methods can change property law by presenting fundamental cases rewritten from a feminist perspective, demonstrating how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups.

Format: Hardback
Length: 450 pages
Publication date: 28 October 2021
Publisher: Cambridge University Press

This volume brings together a diverse group of scholars to explore the question of how feminist perspectives and methods can shape the field of property law. By rewriting fundamental property law cases from a feminist perspective, the cases presented in this book cover a wide range of property law topics, including landlord-tenant rights and obligations, patents, zoning, publicity rights, land titles, concurrent ownership, and takings. Through the incorporation of feminist theories and methods, these rewritten opinions and accompanying commentaries demonstrate how property law can be more just and equitable for women and marginalized groups. Moreover, the book highlights how property law is not neutral but is shaped by the society that produces it and the judges who apply it.

The incorporation of feminist perspectives and methods into property law has the potential to transform the field in significant ways. Firstly, it can challenge the traditional gender roles and stereotypes that have been embedded in property law. For example, traditional property law often assumes that men are the primary landowners and property owners, while women are often marginalized or excluded from these rights. By rewriting property law cases from a feminist perspective, it can challenge these assumptions and promote greater gender equality in the ownership and control of property.

Secondly, feminist perspectives and methods can promote greater social justice and equity in property law. Property law plays a crucial role in shaping the distribution of wealth and resources in society, and it can have a significant impact on marginalized groups such as women, people of color, and low-income individuals. By incorporating feminist theories and methods, property law can be more responsive to the needs and experiences of these groups and promote greater social mobility and economic opportunity.

Thirdly, feminist perspectives and methods can promote greater transparency and accountability in property law. Property law is often complex and opaque, making it difficult for individuals to understand their rights and obligations. By incorporating feminist perspectives and methods, property law can be more accessible and understandable, promoting greater participation and engagement from individuals and communities.

Finally, feminist perspectives and methods can promote greater sustainability and environmental protection in property law. Property law plays a significant role in shaping the development and use of land and natural resources, and it can have a significant impact on the environment. By incorporating feminist perspectives and methods, property law can promote greater sustainability and environmental protection, ensuring that the use of land and natural resources is done in a way that is equitable and sustainable for future generations.

In conclusion, feminist perspectives and methods have the potential to transform the field of property law in significant ways. By challenging traditional gender roles and stereotypes, promoting greater social justice and equity, promoting greater transparency and accountability, and promoting greater sustainability and environmental protection, property law can become a more just and equitable field for all individuals and communities.

Weight: 761g
ISBN-13: 9781108835534