000			05892nam a2200565Ia 4500
001			221408
003			IT-RoAPU
005			20250106150827.0
006			m|||||o||d||||||||
007			cr || ||||||||
008			240426t20162016nyu fo d z eng d
020			_a9781501705106 _qPDF
024	7		_a10.7591/9781501705106 _2doi
035			_a(DE-B1597)9781501705106
035			_a(DE-B1597)503536
035			_a(OCoLC)959875462
040			_aDE-B1597 _beng _cDE-B1597 _erda
072		7	_aLAW052000 _2bisacsh
082	0	4	_a346.01/3
084			_aonline - DeGruyter
100	1		_aMinow, Martha _eautore
245	1	0	_aMaking All the Difference : _bInclusion, Exclusion, and American Law / _cMartha Minow.
264		1	_aIthaca, NY : _bCornell University Press, _c[2016]
264		4	_c©2016
300			_a1 online resource (424 p.)
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
505	0	0	_tFrontmatter -- _tContents -- _tAcknowledgments -- _tIntroduction: Making a Difference -- _tPart I. Dilemmas of Difference -- _t1. The Dilemma of Difference -- _t2. Sources of Difference -- _t3. Ways Out -- _tPart II. Historical Difference -- _t4. When Difference Has Its Home -- _t5. Different Histories -- _t6. Rights Theories and Contemporary Legal Debates -- _t7. The Emergence of the Social-Relations Approach -- _tPart III. Rights in Relationship -- _t8. Problems in Relationship: Today's Feminism and Yesterday'S Progressivism -- _t9. Rights and Relations: Families and Children -- _t10. Dying and Living -- _t11. Knowing and Judging -- _tAfterword: Different Beginnings: Making All the Difference -- _tTable of Cases -- _tIndex
506	0		_arestricted access _uhttp://purl.org/coar/access_right/c_16ec _fonline access with authorization _2star
520			_aShould a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference.
538			_aMode of access: Internet via World Wide Web.
546			_aIn English.
588	0		_aDescription based on online resource; title from PDF title page (publisher's Web site, viewed 26. Apr 2024)
650		0	_aEquality before the law _xInterpretation and construction.
650		0	_aPersonality _xInterpretation and construction.
650		0	_aSocial groups.
650		0	_aSociological jurisprudence.
650		0	_aStatus _xInterpretation and construction.
650		4	_aAmerican Studies.
650		4	_aLegal History & Studies.
650		4	_aPolitical Science & Political History.
650		7	_aLAW / Jurisprudence. _2bisacsh
850			_aIT-RoAPU
856	4	0	_uhttps://doi.org/10.7591/9781501705106
856	4	0	_uhttps://www.degruyter.com/isbn/9781501705106
856	4	2	_3Cover _uhttps://www.degruyter.com/document/cover/isbn/9781501705106/original
942			_cEB
999			_c221408 _d221408