As a field of legal scholarship, feminist jurisprudence began in 1960s. Feminist jurisprudence, cases and materials, 4th book. Feminist jurisprudence feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. This anthology is designed for use in courses in feminist jurisprudence, jurisprudence and the philosophy of law. Through litigation, campaigns for legal reform and legal education, feminists have engaged explicitly with law and the.
Feminist jurisprudence, 1993 online research library. Feminist legal philosophy has generated a great deal of interest among feminists, philosophers, legal scholars, sociologists and political scientists in recent years. Feminist jurisprudence, cases and materials, 4th edition 4. Boren, a 1976 case, ginsburg took a roundabout road to protecting womens rights by arguing that women shouldnt be allowed to purchase beer at an earlier age than men. Apr 23, 2020 feminist jurisprudence is an approach to legal scholarship and practice that views the law through a feminist lens to examine the impact of current and past legal trends on the lives of women. Feminist jurisprudence is a burgeoning school of legal thought that encompasses many theories and approaches to law and legal issues. Read the fulltext online edition of feminist jurisprudence 1993. It presents several different competing feminist theories and gives you space to analyze them on your own. Please do contact one of the convenors if you are interested in talking to the group or if you have an idea for an informal discussion.
Feminist engagement with law has taken a variety of forms over the years. Examining the concept of feminist jurisprudence sociology. Feminism in legal jurisprudence and social analysis. Consider the extent to which you regard feminism as a distinctive and coherent approach to these fields of enquiry. Feminist legal theory spring 2016 professor laura rosenbury. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Why i am not a feminist comes at a time when some portion of liberal women in america might be ready for a.
Through litigation, campaigns for legal reform and legal education, feminists have engaged explicitly with law. Feminist theorists have made no better case for gender differences than did. Feminist jurisprudence, as it came to be called, is laws equivalent of. The diversity of feminist philosophy and theory is represented in feminist jurisprudence, but two models of feminist jurisprudence predominate. Upon completion of this course, students should have gained. This is the postprint version of the chapter published as feminist legal theory in. This study includes law as a theoretical enterprise as well its practical and concrete effects in womens lives. Scholarship in this area began in the 1960s, although pioneers agitating for the womens right to vote and. Cases and materials, 4th edition american casebook series. Feminist jurisprudence, cases and materials 4th edition. Cases and materials on feminist jurisprudence by mary becker, 9780314163677, available at book depository with free delivery worldwide. The feminist jurisprudence discussion group also welcomes offers to present papers or other workinprogress to the group or to lead a discussion. Mackinnon has 29 books on goodreads with 7499 ratings.
I had wanted to offer such a course for several years before i was able to squeeze it into the curriculum, which is apparently a common problem for feminist topics. The first three chapters develop the historical range of feminist theories. Subsequent chapters examine topics such as violence, reproduction, intimate relationships, children, and education. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. View feminist jurisprudence research papers on academia. Feminist jurisprudence thus pioneers a relation between life and law through which womens unequal social reality will be legally confronted and transformed. Furthermore, this study includes law as a theoretical enterprise along with its. One of the ways law is not neutral is through the individual people that work in law. The idea of sex therefore is the prerequisite of the theory. Feminist judgments project if there was any doubt that feminist analysis can make a difference, feminist judgments dispels that doubt. Ruth bader ginsburgs landmark opinions on womens rights. Feminist jurisprudence is a burgeoning school of legal thought that involves many theories and approaches to law and legal subjects.
The successes of the contemporary feminist movement might not have happened without one of those. First, feminist jurisprudence seeks to explain ways in which the law played a role in womens former subordinate status. This course book introduces students to feminist jurisprudence. This book includes every supreme court case relevant to gender and sexual equality from. Feminist jurisprudence is a broad church and reflects different strands of feminist thought but the unifying theme is that society and in particular, the legal system is patriarchal. Feminist jurisprudence legal definition of feminist. Numerous and frequentlyupdated resource results are available from this search. As a field of legal scholarship,feminist jurisprudence began in 1960s. This book provides a student text covering the major issues in feminist jurisprudence and to analyse the manner in which both traditional jurisprudence and law have remained a masculine subject. Feminist philosophy of law identifies the pervasive influence of patriarchy and masculinist norms on legal structures and demonstrates their effects on the material conditions of women and girls and those who many not conform to cisgender norms. Thus, feminist legal theorists have maintained their quest for a specifically feminist jurisprudence, aiming to make moral and legal philosophy more receptive to. Why law must consider womens perspectives abstract a growing number of scholars are asking how the law would be different if it took womens points of view and experiences into account.
The readings in this collection are organized according to the traditional topics in a typical this anthology is designed for use in courses in feminist jurisprudence. Each strain of feminist jurisprudence evaluates and critiques the law by examining the. Feminism, a belief in the political, economic and cultural equality of women, has roots in the earliest eras of human civilization. American feminist jurisprudence is the study of the construction and workings of the law from perspectives which foreground the implications of the law for women and womens lives. The manwoman dif ference and the dominancesubmission dynamic define each other. This book provides a student text covering the major issues in feminist jurisprudence and to analyse the manner in which both traditional jurisprudence and law. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. The case against contemporary feminism the new yorker. The feminist jurisprudence advocatetanmoy law library.
Cases and materials on feminist jurisprudence book depository. Brief amici curiae of feminist anticensorship task force et. A countrys constitution, even where it may appear neutral, impacts disparately or differently with respect to gender. The book can be used as a supplement to any law school course, as a text for courses in gender and law and feminist jurisprudence, and could also serve as an undergraduate or graduate textbook in womens studies or in other interdisciplinary fields. In conclusion, feminist jurisprudence is a classic theory that interposes the ideas of a male domination against the female part of society. The successes of the contemporary feminist movement might not have. Feminist jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law.
It also considers problems at the intersection of sexuality and law and develops reforms to correct. Cases and materials, 4th edition american casebook series liyofuwabo. Cases and materials on feminist jurisprudence book. Feminist jurisprudence, cases and materials, 4th by cynthia grant. Cases and materials, 4th edition american casebook series english and english edition feminist jurisprudence. Introduction to feminist jurisprudence ebook, 1998. A critical appraisal emily jackson law, it could be argued, is peculiarly resistant to novel critical perspectives. Sociological jurisprudence meaning and introduction to jurisprudence the word jurisprudence derives from the latin term jurisprudentia, which means the study, knowledge, or science of law. Discuss critically the contribution of feminist thought to social and legal analysis.
Feminist jurisprudence subject the purpose of this bibliography is to assist you in locating books and journals in our library on feminist jurisprudence. Feminist jurisprudence routledge encyclopedia of philosophy. Feminist jurisprudence, like most feminist theory, rejects the claim of law that it is a neutral practice, and instead points to the ways in which law is clearly not neutral. Feminism and the power of law achieves three goals. Modern jurisprudence began in the 18th century and was focused on the first. The notes and questions are also actually pretty thought provoking and a great jumping off point for class discussion. Bowman, cynthia, rosenbury, laura, tuerkheimer, deborah, yuracko. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. The pragmatist and the feminist, margaret jane radin 23. The study of workings and constructions of law from the perspectives that have the implications of the law for women and their lives is called a feminist jurisprudence.
Feminist jurisprudence is the feminist perspective on the methodology of law. Check out the new look and enjoy easier access to your favorite features. It is a fair assessment to assert that the core of feminist thought is that law is designed and created by men to rule women. I realized that there was no book that assembled major feminist contributions to legal theory in one collection, so i did what all good college professors do. Rent feminist jurisprudence, cases and materials 4th edition 9780314264633 and save up to 80% on textbook rentals and 90% on used. Critical legal studies movement had a head start, not to mention anatole france. Liberal legal theory dominates, and one of its fundamental tenets, the doctrine. Cases and materials on feminist jurisprudence book also available for read online, mobi, docx and mobile and kindle reading. Critiques of law thus became an important part of the early feminist movement, which succeeded in eradicating the most blatant examples of legal sexism. Male and female are created through the erotization of dominance and submission. Feminism and the power of law by carol smart, 1989 online. This paper will critically examine the feminist contribution to legal jurisprudence and social analysis.
Cases and materials 5th edition 9781683283058 by na for up to 90% off at. Cases and materials, 4th edition american casebook series english and english edition by deborah tuerkheimer, kimberly yuracko, cynthia bowman, laura rosenbury. In this course, we will read feminist theory, queer theory, and other critical theory in order to examine constructions of gender and the roles legal systems play in those constructions. Mar 22, 2010 despite feminist jurisprudences methodology of raising awareness of such inequality, none of the top three case books used in law school courses dedicated to gender and the law address the issue of childbirtha strictly female issue that derives from pregnancy.
A philosophy of law based on the political, economic, and social equality of the sexes. While the book definitely does promote feminism obviously, it doesnt subscribe to any one feminist theory. Although most of the people writing about feminist jurisprudence are women, a few men like kenneth karst in womans constitution, 1984 duke l. This fascinating collection of feminist reimaginings of iconic supreme court decisions demonstrates both the power of feminist thinking and its diversity.
Feminist jurisprudence, cases and materials, 4th edition. Current issues in feminist jurisprudence legal definition of. Feminist jurisprudence argues that we must look at the norms embedded in our. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required. First, it breaks down the rigid division of issues within law and takes the relevances. Browse the amazon editors picks for the best books of 2019, featuring our favorite.
So long as law is a form social power takes, an avenue for relief of injury, a right of citizenship, a lever for social legitimacy, and a force in womens lives, feminist jurisprudence. Cases and materials american casebook series 9781683283058. We have also included the names of other people who write from a feminist perspective. 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. Pdf jurisprudence notes llb pdf sunanda tewari academia. Overview feminist jurisprudence is a burgeoning school of legal thought that encompasses many theories and approaches to law and legal issues. Each strain of feminist jurisprudence evaluates and critiques the law by examining the relationship between gender, sexuality, power, individual rights, and the judicial system as a whole. Jurisprudence or legal theory is the theoretical study of law.
Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Feminist philosophy of law stanford encyclopedia of philosophy. Feminist philosophy of law stanford encyclopedia of. American feminists have identified law as an instrument of male supremacy since their first national gathering at seneca falls, new york in 1848. Information on feminist interpretations of law and jurisprudence, including issues of abortion, crime, legal theories, pornography, and rights. Liberal legal theory dominates, and one of its fundamental tenets, the doctrine of precedent, inculcates respect for past principles as an article of faith.
Cases and materials, 4th edition american casebook series pekav. Cases and materials, 4th edition american casebook series cafimomuve. Womens movements then had their grounding in the liberal philosophy of equal rights, protesting material restrictions upon women such as bars to educational and political opportunities. Constitutional feminism is an important topic which needs to be highlighted at this stage. In our lives before the law, baer thus presents the framework for a new feminist jurisprudenceone that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Carol smart asserts that feminist jurisprudence originated in the nineteenth century, even though such a concept was not recognized by the feminists of that era. Hilaire barnett aims to provide a student text which covers the major issues in feminist jurisprudence and to analyze the manner in which both traditional jurisprudence and law have remained a masculine subject. Feminist jurisprudence internet encyclopedia of philosophy. Bowman, rosenbury, tuerkheimer, and yurackos feminist. Pdf download feminist jurisprudence cases and materials 4th edition american casebook series download full ebook. I first assembled these materials in response to students requests for a course on feminist legal theory. This coursebook introduces students to feminist jurisprudence. Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. Download cases and materials on feminist jurisprudence in pdf and epub formats for free.