Jackson, “Feminisms, Pluralisms, and Transnationalism” Flashcards
Constitutional Law
The fundamental principles by which the government exercises its authority. Derived from the founding document of a country
International and Transnational Law
The set of rules between and among nation states
Sources: treaties, customs, and globally shared norms and standards
Domestic Law
Also known as municipal law, domestic law is the law of a sovereign state on the national, state, provincial, territorial, regional, or local level. It comes from the legislature and customs.
CEDAW
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. NOT ratified by the U.S because it has not appeared before the full Senate for a vote (ratification requires ⅔ of the support vote, or 67 votes).
Pluralism
(as in constitutional pluralism): two or more states, groups, or sources of authority coexist
Universalism
Loyalty to and concern for others without regard to national or other allegiances.
Dualism
Maintaining international legal obligations as separate from domestic law until incorporated, or through other means, including the treatment of some elements of international legal regimes as non-binding forms of persuasive authority.
Epistemological Humility
Refers to an approach that recognizes the limitations of what we know, and the ways that one form of feminism may not solve all problems. This approach suggests that feminists should be open-minded, recognizing the drawbacks of following any form of feminism too rigidly.
Constitutional Diversity
CEDAW understands the diversity in opinions about gender relations among different nations and recognizes that any approach to ensuring gender equality beyond recommendation may cause backlashes that are worse in effect for women.
Liberal Feminists, Liberal Feminism
Understands women as equal to men in every way and that mention of gender in the writing of law should be avoided as it entrenches stereotypes. Instead, laws should be written in gender neutral language.
Cultural Feminists, Cultural Feminism
Recognizes genuine differences between men and women is sometimes needed in order for them to be treated equally.
Family and Medical Leave Act (FMLA)
Law that requires employers up to twelve weeks unpaid leave each year to both male and female employees for the purpose of caring for a newborn or adopted child or for a sick relative.
“Use it or Lose it” “Daddy Leave” Policies
A couple gains a fixed amount of leave on the birth or adoption of a child that must be shared; if one parent does not use his share of the leave, the couple lose