Feminist legal theory : foundations
Offers a discussion of one of the most important movements in legal scholarship: feminist legal theory. This book examines theoretical issues about the interaction between law and gender. It addresses issues of equality, difference, separate spheres, essentialism, legal methodology, and theories of law.
xx, 620 pages ; 27 cm.
9781566390286, 9781566390293, 1566390281, 156639029X
26054881
[1]. Foundations. I. THE ELEMENTS OF FEMINIST LEGAL THEORY
Introduction
Women's Subordination and the Role of Law / Nadine Taub and Elizabeth M. Schneider
To Question Everything: The Inquiries of Feminist Jurisprudence / Heather Ruth Wishik
Where We Stand: Observations on the Situation of Feminist Legal Thought / Clare Dalton
The Emergence of Feminist Jurisprudence: An Essay / Ann C. Scales
A Lawyer's Primer on Feminist Theory and Tort / Leslie Bender
Jurisprudence and Gender / Robin West
Conservative Feminism / Richard A. Posner
II. THE EQUALITY DEBATE: EQUAL TREATMENT VERSUS SPECIAL TREATMENT
Introduction
Equality's Riddle: Pregnancy and the Equal Treatment/Special Treatment Debate / Wendy W. Williams
The Miller Wohl Controversy: Equal Treatment, Positive Action and the Meaning of Women's Equality / Linda J. Krieger and Patricia N. Cooney
Equality and Difference: The Case of Pregnancy / Herma Hill Kay
Transcending Equality Theory: A Way Out of the Maternity and the Workplace Debate / Lucinda M. Finley
III. NEW APPROACHES TO EQUALITY AND DIFFERENCE
Introduction
Prince Charming: Abstract Equality / Mary E. Becker
Feminism and the Limits of Equality / Patricia A. Cain
Reconstructing Sexual Equality / Christine A. Littleton
Strategizing in Equality / Diana Majury
Difference and Dominance: On Sex Discrimination / Catharine A. MacKinnon
The Anti-Subordination Principle: Applications / Ruth Colker
The Supreme Court 1986 Term, Foreword: Justice Engendered / Martha Minow
When Difference Has Its Home: Group Homes for the Mentally Retarded, Equal Protection and Legal Treatment of Difference / Martha Minow
IV. THE DEBATE ovER EssENTIALISM: GENDER AND RACE
Introduction
Feminist Reason: Getting It and Losing It / Martha Minow
Race and Essentialism in Feminist Legal Theory / Angela P. Harris
Feminist Jurisprudence: Grounding the Theories / Patricia A. Cain
Race, Racism, and Feminist Legal Theory / Marlee Kline
Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics / Kimberle Crenshaw
V. THEORIES OF LAW
Introduction
Toward a Theory of Law and Patriarchy / Janet Rifkin
Companion volume to: Applications of feminist legal theory to women's lives. 1996