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Research Handbook on Feminist Jurisprudence

Research Handbook on Feminist Jurisprudence

Author: Robin West; Cynthia G. Bowman
Publisher: Edward Elgar Publishing
ISBN: 9781786439680
Published In: January 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥56,359.16

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Contents

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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.

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

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