Feminist Legal Theory Foundations

ISBN-10: 156639029X

ISBN-13: 9781566390293

Edition: N/A

Authors: D. Kelly Weisberg

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Description:

This unique text offers a discussion of one of the most important movements in legal scholarship today: feminist legal theory. The first of two volumes, Foundations examines theoretical issues about the interaction between law and gender. The second volume will explore the application of feminist legal theory to specific substantive areas of the law, such as criminal law, family law, employment law, and the legal profession. In this first volume, thirty-eight articles by distinguished legal scholars and feminists address issues of equality, difference, separate spheres, essentialism, legal methodology, and theories of law. The essays, published in widely dispersed legal publications, are thematically arranged, with introductions by the editor, to provide a text for students, a convenient source for scholars and policy makers, and a comprehensive introduction for general readers. Author note: D. Kelly Weisberg is Professor of Law at Hastings College of the Law in San Francisco. She has published several other books, including Child, Family and State: Cases and Materials on Children and the Law (co-authored with Robert Mnookin).
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Book details

List price: $53.95
Publisher: Temple University Press
Publication date: 3/3/1993
Binding: Paperback
Pages: 640
Size: 7.25" wide x 10.00" long x 1.25" tall
Weight: 2.398
Language: English

Preface
Acknowledgments
Introduction
The Elements of Feminist Legal Theory
Women's Subordination and the Role of Law
To Question Everything: The Inquiries of Feminist Jurisprudence
Where We Stand: Observations on the Situation of Feminist Legal Thought
The Emergence of Feminist Jurisprudence: An Essay
A Lawyer's Primer on Feminist Theory and Tort
Jurisprudence and Gender
Conservative Feminism
The Equality Debate: Equal Treatment Versus Special Treatment
Equality's Riddle: Pregnancy and the Equal Treatment/Special Treatment Debate
The Miller-Wohl Controversy: Equal Treatment, Positive Action and the Meaning of Women's Equality
Equality and Difference: The Case of Pregnancy
Transcending Equality Theory: A Way Out of the Maternity and the Workplace Debate
New Approaches to Equality and Difference
Prince Charming: Abstract Equality
Feminism and the Limits of Equality
Reconstructing Sexual Equality
Strategizing in Equality
Difference and Dominance: On Sex Discrimination
The Anti-Subordination Principle: Applications
The Supreme Court 1986 Term, Foreword: Justice Engendered
When Difference Has Its Home: Group Homes for the Mentally Retarded, Equal Protection and Legal Treatment of Difference
The Debate Over Essentialism: Gender and Race
Feminist Reason: Getting It and Losing It
Race and Essentialism in Feminist Legal Theory
Feminist Jurisprudence: Grounding the Theories
Race, Racism, and Feminist Legal Theory
Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics
Theories of Law
Toward a Theory of Law and Patriarchy
Toward a Theory of Law and Patriarchy
Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence
Feminism, Marxism, Method, and the State: An Agenda for Theory
Feminism and Legal Positivism
Liberal Jurisprudence and Abstracted Visions of Human Nature: A Feminist Critique of Rawls' Theory of Justice
Statutory Rape: A Feminist Critique of Rights Analysis
Alchemical Notes: Reconstructing Ideals from Deconstructed Rights
The Dialectic of Rights and Politics: Perspectives from the Women's Movement
Feminist Legal Methods
Feminism and Legal Method: The Difference It Makes
Feminist Legal Methods
Breaking Women's Silence in Law: The Dilemma of the Gendered Nature of Legal Reasoning
Zig-zag Stitching and the Seamless Web: Thoughts on "Reproduction" and the Law
On Being the Object of Property
Table of Cases
Index
Contributors
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