Hardback
Research Handbook on Feminist Jurisprudence
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.
More Information
Critical Acclaim
Contributors
Contents
More Information
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.
Featuring contributions from a diverse team of prominent scholars, this Research Handbook illuminates the ways in which feminist scholarship has enriched understandings of law’s sometimes subordinating structures and the ways in which law can be interpreted or changed so as to promote the equality, liberty, wellbeing, and interests of women. The expert contributors offer a vast range of feminist perspectives on law, including liberal, radical, and post-modern feminism, and explore the implications of these theoretical stances for understandings of the nature of law, legal change, and the relationship between law and politics. Chapters analyse the influence of feminist legal theories on doctrinal areas of law including US constitutional and civil rights law, international law, and various areas of private law.
This insightful book will be of interest to law students, legal scholars, and scholars of political and moral philosophy seeking to understand the entire body of feminist legal scholarship from the early 1970s to the present, as well as its variants, and relationships among different theoretical perspectives.
Featuring contributions from a diverse team of prominent scholars, this Research Handbook illuminates the ways in which feminist scholarship has enriched understandings of law’s sometimes subordinating structures and the ways in which law can be interpreted or changed so as to promote the equality, liberty, wellbeing, and interests of women. The expert contributors offer a vast range of feminist perspectives on law, including liberal, radical, and post-modern feminism, and explore the implications of these theoretical stances for understandings of the nature of law, legal change, and the relationship between law and politics. Chapters analyse the influence of feminist legal theories on doctrinal areas of law including US constitutional and civil rights law, international law, and various areas of private law.
This insightful book will be of interest to law students, legal scholars, and scholars of political and moral philosophy seeking to understand the entire body of feminist legal scholarship from the early 1970s to the present, as well as its variants, and relationships among different theoretical perspectives.
Critical Acclaim
‘The Research Handbook on Feminist Jurisprudence is a compelling, thought-provoking addition to academic library collections.’
– Caitlin Hunter, International Journal of Legal Information
‘The overview of feminist engagement with different areas of the law is impressive, and importantly demonstrates that even areas of law, which are written as “gender-neutral” norms, can benefit substantially from a feminist approach. Any law library would benefit from adding this Research Handbook to their catalogue.’
– Metka Potočnik, Wolverhampton Law Journal
‘This Research Handbook provides a diverse array of critical, descriptive, and normative perspectives on feminist jurisprudence, with rich historical accounts of legal advances and backlashes. Centered primarily on US feminism, the volume also includes interesting chapters with a foreign or international focus. It should prove a highly valuable resource for feminist scholars and advocates in many parts of the world.’
– Vicki C. Jackson, Harvard Law School, US
‘This landmark collection, edited by two leading feminist legal scholars, will be an invaluable resource for anyone interested in how feminist theory has laid the legal foundations for greater gender equity in the United States and throughout the globe.’
– Deborah L. Rhode, Stanford University, US
– Caitlin Hunter, International Journal of Legal Information
‘The overview of feminist engagement with different areas of the law is impressive, and importantly demonstrates that even areas of law, which are written as “gender-neutral” norms, can benefit substantially from a feminist approach. Any law library would benefit from adding this Research Handbook to their catalogue.’
– Metka Potočnik, Wolverhampton Law Journal
‘This Research Handbook provides a diverse array of critical, descriptive, and normative perspectives on feminist jurisprudence, with rich historical accounts of legal advances and backlashes. Centered primarily on US feminism, the volume also includes interesting chapters with a foreign or international focus. It should prove a highly valuable resource for feminist scholars and advocates in many parts of the world.’
– Vicki C. Jackson, Harvard Law School, US
‘This landmark collection, edited by two leading feminist legal scholars, will be an invaluable resource for anyone interested in how feminist theory has laid the legal foundations for greater gender equity in the United States and throughout the globe.’
– Deborah L. Rhode, Stanford University, US
Contributors
Contributors: S.F. Appleton, K.K. Baker, I. Caglar, M. Chamallas, C.-j. Chen, M.A. Fineman, M.A. Franks, C. Grant Bowman, B.A. Gur, N.D. Hunter, L.C. Ikemoto, O. Kamir, H. Keren, S.A. Law, N. Menon, N. Naffine, J.A. Nice, V.F. Nourse, N. Rimalt, D.E. Roberts, L.A. Rosenbury, J.C. Suk, D. Tuerkheimer, R. West, A.K. Wing, K.A. Yuracko
Contents
Contents:
Preface
Introduction to the Research Handbook on Feminist Jurisprudence
Robin West
PART I FEMINISM AND LEGAL THEORY: VARIETIES OF FEMINIST LEGAL THEORY
1. In Defense of Liberal Feminism
Sylvia A. Law
2. Catharine A. MacKinnon and Equality Theory
Chao-ju Chen
3. Relational Feminism and Law
Robin West
4. The Limits of Equality: Vulnerability and Inevitable Inequality
Martha Albertson Fineman
5. Socialist Feminist Legal Theory: A Plea
Cynthia Grant Bowman
6. Critical Race Feminism
Dorothy E. Roberts
7. Postmodern Feminist Legal Theory
Laura A. Rosenbury
8. Feminism, Sexuality and the Law
Nan D. Hunter
PART II: FEMINIST LEGAL THEORY AND CRIMINAL LAW
9. Sexual Agency and the Unfinished Work of Rape Law Reform
Deborah Tuerkheimer
10. Sexual Violence and the Law in India
Nivedita Menon
11. Violence Against Women and Liberal Sexism
Victoria Nourse
12. ‘Some Gentle Violence’: Marital Rape Immunity as Contradiction in Criminal Law
Ngaire Naffine
PART III: FEMINIST LEGAL THEORY AND REPRODUCTIVE RIGHTS
13. Reproductive Rights and Justice: A Multiple Feminist Theories Account
Lisa C. Ikemoto
14. Against Roe Exceptionalism: Degendering Abortion
Noya Rimalt
PART IV: FEMINIST LEGAL THEORY, SEX DISCRIMINATION AND SEXUAL HARASSMENT
15. Sexual Harassment Law: An Evolution in Theory, Scope and Impact
Kimberly A. Yuracko
16. A Dignitarian Feminist Jurisprudence with Applications to Rape, Sexual Harassment and Honor Codes
Orit Kamir
17. Sex Equality, Gender Injury, Title IX and Women’s Education
Katharine K. Baker
PART V: FEMINIST LEGAL THEORY AND CONSTITUTIONAL LAW
18. The Gendered Jurisprudence of the Fourteenth Amendment
Julie A. Nice
19. Beyond ‘Free Speech for the White Man’: Feminism and the First Amendment
Mary Anne Franks
PART VI: FEMINIST LEGAL THEORY AND PRIVATE LAW
20. Feminist Legal Theory and Tort Law
Martha Chamallas
21. Feminism and Contract Law
Hila Keren
22. How Feminism Remade American Family Law (and How It Did Not)
Susan Frelich Appleton
23. Feminism and Family Leave
Julie C. Suk
PART VII: FEMINIST LEGAL THEORY AND INTERNATIONAL LAW
24. International Law and Feminism
Adrien K. Wing
25. The State’s Due Diligence Obligation
Irem Caglar and Berna Akcali Gur
Index
Preface
Introduction to the Research Handbook on Feminist Jurisprudence
Robin West
PART I FEMINISM AND LEGAL THEORY: VARIETIES OF FEMINIST LEGAL THEORY
1. In Defense of Liberal Feminism
Sylvia A. Law
2. Catharine A. MacKinnon and Equality Theory
Chao-ju Chen
3. Relational Feminism and Law
Robin West
4. The Limits of Equality: Vulnerability and Inevitable Inequality
Martha Albertson Fineman
5. Socialist Feminist Legal Theory: A Plea
Cynthia Grant Bowman
6. Critical Race Feminism
Dorothy E. Roberts
7. Postmodern Feminist Legal Theory
Laura A. Rosenbury
8. Feminism, Sexuality and the Law
Nan D. Hunter
PART II: FEMINIST LEGAL THEORY AND CRIMINAL LAW
9. Sexual Agency and the Unfinished Work of Rape Law Reform
Deborah Tuerkheimer
10. Sexual Violence and the Law in India
Nivedita Menon
11. Violence Against Women and Liberal Sexism
Victoria Nourse
12. ‘Some Gentle Violence’: Marital Rape Immunity as Contradiction in Criminal Law
Ngaire Naffine
PART III: FEMINIST LEGAL THEORY AND REPRODUCTIVE RIGHTS
13. Reproductive Rights and Justice: A Multiple Feminist Theories Account
Lisa C. Ikemoto
14. Against Roe Exceptionalism: Degendering Abortion
Noya Rimalt
PART IV: FEMINIST LEGAL THEORY, SEX DISCRIMINATION AND SEXUAL HARASSMENT
15. Sexual Harassment Law: An Evolution in Theory, Scope and Impact
Kimberly A. Yuracko
16. A Dignitarian Feminist Jurisprudence with Applications to Rape, Sexual Harassment and Honor Codes
Orit Kamir
17. Sex Equality, Gender Injury, Title IX and Women’s Education
Katharine K. Baker
PART V: FEMINIST LEGAL THEORY AND CONSTITUTIONAL LAW
18. The Gendered Jurisprudence of the Fourteenth Amendment
Julie A. Nice
19. Beyond ‘Free Speech for the White Man’: Feminism and the First Amendment
Mary Anne Franks
PART VI: FEMINIST LEGAL THEORY AND PRIVATE LAW
20. Feminist Legal Theory and Tort Law
Martha Chamallas
21. Feminism and Contract Law
Hila Keren
22. How Feminism Remade American Family Law (and How It Did Not)
Susan Frelich Appleton
23. Feminism and Family Leave
Julie C. Suk
PART VII: FEMINIST LEGAL THEORY AND INTERNATIONAL LAW
24. International Law and Feminism
Adrien K. Wing
25. The State’s Due Diligence Obligation
Irem Caglar and Berna Akcali Gur
Index
