Overview

As the millennium draws to a close, it is clear that equality between men and women remains a pipe-dream. Thus argues Sandra Fredman in her stimulating, new book on women and the law. Women's pay still lags significantly behind that of men; and women continue to congregate in low status, low paid jobs. Yet men and women are now formally equal before the law: indeed, legislation positively outlawing discrimination has been in force for over two decades both in the UK and the European Union. The key question asked by the author is: Why has the law had so little impact? The answer, the author argues, lies in the structure of the law itself. In a wide-ranging examination of sources drawn from political theory, social history and law, the first part of the book develops a critical framework to illuminate the limitations of the law in addressing women's disadvantaged status. In particular, the author unmask the apparent objectivity and neutrality of law, exposing the assumptions which have systematically impeded women's progress. Part II of the book applies this critique to a detailed examination of key legal issues in the UK and EU, with illuminating references to the law in North America and Australia. The result is an original and incisive analysis of pressing legal issues ranging from low pay, sexual harassment and flexible working to parenting rights and reverse discrimination. The book locates women's role in the family as a key contributory factor to their continued disadvantage within the paid workforce. Yet, in signalling the way forward, the author rejects the notion that the aim is simply to slot more women into existing structures. Instead of expecting women to conform to structures which exclude and devalue caring responsibilities, she argues, real change will only occur if paid work is restructured so that both men and women can be active participants in family life as well as in the paid workforce. The book does not, however, offer single dimensional solutions. In particular, the very difficult conflicts of interest which can arise between women, on grounds such as class or race, are directly confronted.

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9780198763222

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Reviews

this fascinating and, at times provocative, exploration of women and the law.../ The author has combined her critique of the current legal framework with strategies that could lead to change. This is an elegantly written and path-breaking book which should be read by anyone interested in social justice./ Stephanie Palmer, Law Quarterly Review/ Jan 1999 ... legal analysis ... is skilfully blended with philosophical, political and economic argument./ There can be no doubt whatever that this is a superb book and an outstanding contribution to feminist jurisprudence. It ably fulfils the challenging task which it set itself and makes a cogent and eloquent plea for radical legislative reform. / ...it maintains a clear and straightforward style throughout; its scholarship is evident and needs no semantic bolstering. Equally admirable is the author's lack of stridency, a failing which would have been understandable in the light of the injustices which the book reveals./ ... a truly ground-breaking work and - not just that - it is also a gripping read! / Evelyn Ellis, University of Birmingham, Industrial Law Journal, Vol 27, Sept. 1998. This work is an engaging survey of and thesis about women and the law relating to the workplace./ Fredman elegantly sets out and critiques 'a legal framework based on a paradoxical amalgam of liberal principles and pre-liberal status ascriptons...'/ ... a work which recognizes the vital historical depth of struggles for equality, and ebbs and flows of public policy./ ... above all, it is a passionate plea for substantive equality.../ ... this book is a wholly creditable achievement. It is highly readable, and should indeed be read not only by many inside the disciplines of labour law, industrial relations, and social policy, but also by those with any interest in the intersections of gender, race, employment, and law./ Jo Shaw, Oxford Journal of Legal Studies, Vol. 18, Winter 1998.

There can be no doubt whatever that this is a superb book and an outstanding contribution to feminist jurisprudence. It ably fulfils the challenging task which it set itself and makes a cogent and eloquent plea for radical legislative reform./ a truly ground-breaking work and - not just that - it is also a gripping read! / Evelyn Ellis, University of Birmingham, Industrial Law Journal Vol. 27, Sept. 1998.

this fascinating and, at times provocative, exploration of women and the law.../ The author has combined her critique of the current legal framework with strategies that could lead to change. This is an elegantly written and path-breaking book which should be read by anyone interested in social justice./ Stephanie Palmer, Law Quarterly Review/ Jan 1999 ... legal analysis ... is skilfully blended with philosophical, political and economic argument./ There can be no doubt whatever that this is a superb book and an outstanding contribution to feminist jurisprudence. It ably fulfils the challenging task which it set itself and makes a cogent and eloquent plea for radical legislative reform. / ...it maintains a clear and straightforward style throughout; its scholarship is evident and needs no semantic bolstering. Equally admirable is the author's lack of stridency, a failing which would have been understandable in the light of the injustices which the book reveals./ ... a truly ground-breaking work and - not just that - it is also a gripping read! / Evelyn Ellis, University of Birmingham, Industrial Law Journal, Vol 27, Sept. 1998. This work is an engaging survey of and thesis about women and the law relating to the workplace./ Fredman elegantly sets out and critiques 'a legal framework based on a paradoxical amalgam of liberal principles and pre-liberal status ascriptons...'/ ... a work which recognizes the vital historical depth of struggles for equality, and ebbs and flows of public policy./ ... above all, it is a passionate plea for substantive equality.../ ... this book is a wholly creditable achievement. It is highly readable, and should indeed be read not only by many inside the disciplines of labour law, industrial relations, and social policy, but also by those with any interest in the intersections of gender, race, employment, and law./ Jo Shaw, Oxford Journal of Legal Studies, Vol. 18, Winter 1998.

Author Information

Sandra Fredman is a Fellow and Tutor in Law at Exeter College, Oxford. She is the co-author of two books on labour law (see below), and lectures on labour law, and on women and the law.

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