Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Developments in feminist legal theory emerged through engagement with problems rooted in inequalities, experienced by individuals and communities, at the hands of people, corporations, or the state. This course examines feminist legal theory as both a site of intellectual inquiry and a tool for effecting social change. Rather than presenting feminist legal theory sequentially, with african american feminism or critical race feminism added on at the end, the volume thoroughly integrates key readings from nonwhite, nonmiddle class, and nonmainstream writers throughout. The feminism and legal theory project flt fosters interdisciplinary examinations of the ways in which the interaction of law and culture shapes expectations, policies, and practices related to gender. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. Feminist philosophy of law stanford encyclopedia of. Feminist legal theory, feminist lawmaking, and the legal profession. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change.
Our understanding of the law and its potential for reforming s. Feminist legal theory and the rights of women oxford. In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to womens and gender studies. Feminist legal theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues. Feminist legal theory and practice 9 what social, political and economic systems prop up discriminatory laws and practices that marginalize women. This insightful book will be of interest to law students, legal scholars, and.
A phenomenological critique of feminist legal theory. To these ends, feminist philosophy of law applies insights from feminist epistemology, relational metaphysics and progressive social ontology, feminist political theory, and other developments in feminist philosophy to understand how legal institutions. It is the first stop in researching womens issues for any academic or student of the law. Psychological theory and womens development harvard university press 1982 to support claims about womens special and valuable traits. Observations on the situation of feminist legal thought clare dalton the emergence of feminist. A liberal response gregory bassham over the last two decades, mainstream liberal jurisprudence has confronted four major insurgencies.
Those farreaching effects are found in modern policy debates, showing that feminist legal theory is not just an area of study for past generations but very. The inquiries of feminist jurisprudence heather ruth wishik where we stand. American feminists have identified law as an instrument of male supremacy since their first national gathering at seneca falls, new york in 1848. Feminists working in law share the convictions that the historical and continuing exclusions of women from the laws. Feminist legal theory feminist legal theory is the study of the philosophical foundations of law and justice. Intimate encounters, uncomfortable conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. Subordination, rhetorical survival skills, and sunday shoes.
Lacey, feminist legal t heory beyond neu trality 1995 482 current legal pr oblems 8. Bartlett is professor of law at duke university school of law and the author of many articles on family law and feminist legal theory. Feminist legal theory an overview sciencedirect topics. Feminist legal theory is a set of ideas, an activity engaged in by thinkers in and outside academia, and an intellectual and political movement. Issues regarding feminist thought have for a very long time been issues of great concern. The book centers on feminist legal theoriesincluding equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The book centers on feminist legal theoriesincluding equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism. The authors also address feminist legal methods, such as. The feminism and legal theory project emory university. The feminist framework also imbeds a commitment to solidarity and movementbuilding within the program. Project muse applications of feminist legal theory. Del martin begins her book battered wives23 with the following. Professor of law, northwestern university school of law.
While a good legal outcome, using international law is a positive outcome. Legal scholars began to build upon carol gilligans influential book in moral and psychological theory, in a different voice. Feminist legal theory second edition ebook by nancy. Feminist legal theory approaches the study of law by examining how gender has mattered to the development of law and how different groups of men and women are affected by the power of law. It would be a misconception to believe that legal feminism as an idea came about only in the late 20th century. Feminist legal theory, volume 2 volume 15 of the international library of essays in law and legal theory. The successes of the contemporary feminist movement might not have happened without one of those. Feminist legal theory, feminist lawmaking, and the legal. Pdf download feminist legal theory a primer critical. Thanks to the julius rosenthal endowment fund for research support in the summer of 1998 and to daniel goldwin for his assistance with research for this essay. Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. This article provides an introductory overview of feminist legal theory, from liberal and radical feminism through to postmodernism.
Through litigation, campaigns for legal reform and legal education, feminists have engaged explicitly with law and the legal profession. Feminist and queer legal theory intimate encounters. The authors also address feminist legal methods, such as consciousness raising and storytelling. At long last, the complex field of feminist legal theory is pr. New right constitutionalism, critical legal studies,2 the economic analysis of law, and. Feminist legal theory as an intervention in development studies. Feminist engagement with law has taken a variety of forms over the years. More specifically, the project addresses the intersection of gender with issues relating to age, race, class, ability, and sexuality.
The book centers on feminist legal t at long last, the complex field of feminist legal theory is presented in accessible, teachable form by two of its experts, nancy. The elements of feminist legal theory introduction womens subordination and the role of law nadine taub and elizabeth m. In this course, we will read feminist theory, queer theory, and other critical theory in order to examine constructions of. In the context of law, modern feminist texts today encompass arguments for the rights of women and the achievement of equal political and legal status that were advocated as early as the 18th. Worden patriarchal hegemony and legal education \ mary o\brien and sheila mcintyre feminist reason. Unity and diversity in feminist legal theory margaret davies flinders university abstract feminist legal theory has undergone some significant changes over the past thirty years. Verchick introduce the diverse strands of feminist legal. Feminist legal theory has not articulated any particular position concerning. Critiques of law thus became an important part of the early feminist movement, which succeeded in eradicating the most blatant examples of legal sexism. Since its initial publication in 2006, feminist legal theory. Verchick is not only a sophisticated theoretical exposition of feminist legal theory, but also a vivid analysis of real cases and popular culture and their relationship to womens issues. Part of the gender, development and social change book series gdsc.
Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from. Produced by johns hopkins university press in collaboration with the sheridan libraries. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism. Getting it and losing it martha minow race and essentialism in feminist legal theory angela p. Feminist and queer legal theory download ebook pdf, epub. Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in womens historical subordination. Feminist legal theory spring 2016 professor laura rosenbury. This book, the second of two volumes, examines the pressing issues that affect womenpornography, prostitution, battery, rape, pay equity, sexual harassment. The ashgate research companion to feminist legal theory. Feminist legal theory second edition book depository.
Rosanne kennedy is a lecturer in womens studies and english at australian national university. Try searching on jstor for other items related to this book. Cain race, racism, and feminist legal theory marlee kline demarginalizing the. Feminist legal theory second edition critical america. As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old.
Secondary sources feminist legal theory research research. First, feminist jurisprudence seeks to explain ways in which the law played a role in womens former subordinate status. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The leading text in the field, introduction to feminist legal theory was the first book that served as an introductory survey of feminist jurisprudence. Feminist legal studies is committed to an international perspective and to the promotion of feminist work in all areas of law, legal theory and legal practice.