Feminist jurisprudence

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Feminist jurisprudence

edited by Patricia Smith

Oxford University Press, 1993

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注記

Includes bibliographical references (p.[621]-625)

内容説明・目次

内容説明

This anthology is designed for use in courses in feminist jurisprudence, jurisprudence and the philosophy of law. Feminist legal philosophy has generated a great deal of interest among feminists, philosophers, legal scholars, sociologists and political scientists in recent years. The readings in this collection are organized according to the traditional topics in a typical jurisprudence course: the nature and justification of law; judicial reasoning and the process of adjudication; and the connection between law and equality, freedom and justice. At the same time, they provide balanced coverage of those feminist topics of current interest that are most discussed in legal and philosophical literature today.

目次

Introduction: Feminist Jurisprudence and the Nature of Law I. On Equality: Justice, Discrimination, and Equal Treatment 1: Herma Hill Kay: Equality and Difference: The Case of Pregnancy 2: Nadine Taub and Wendy W. Williams: Will Equality Require More Than Assimilation, Accommodation, or Separation from the Existing Social Structure? 3: Frances E. Olsen: The Family and the Market: A Study of Ideology and Legal Reform 4: Ann C. Scales: The Emergence of Feminist Jurisprudence: An Essay 5: Christine A. Littleton: Reconstructing Sexual Equality II. On Justice and Harm: Battery, Harassment, and Rape 6: Catharine A. MacKinnon: Sexual Harassment: Its First Decade in Court 7: Susan Estrich: Rape 8: Kathleen Waits: The Criminal Justice System's Response to Battering: Understanding the Problem, Forging the Solutions III. On Adjudication: Patriarchy, Neutrality, and Judicial Reasoning 9: Martha Minow: Justice Engendered 10: Lynne N. Henderson: Legality and Empathy 11: Judy Scales-Trent: Black Women and the Constitution: Finding Our Place, Asserting Our Rights IV. On Freedom: Restriction, Regulation, and Reproductive Autonomy 12: Deborah L. Rhode: Reproductive Freedom 13: Laurie Nsiah-Jefferson: Reproductive Laws, Women of Color, and Low-Income Women 14: Frances Olsen: Unraveling Compromise 15: Sylvia A. Law: Rethinking Sex and the Constitution V. On Human Dignity: Commodification and Dehumanization 16: Margaret Jane Radin: Market Inalienability 17: Elizabeth Wolgast: Pornography and the Tyranny of the Majority 18: Against the Male Flood: Censorship, Pornography, and Equality 19: Nan D. Hunter and Sylvia A. Law: Brief Amici Curiae of Feminist Anticensorship Task Force et. al., in American Booksellers Association v. Hudnut VI. On Law and Jurisprudence: Feminism and Legal Theory 20: Robin West: Jurisprudence and Gender 21: Joan C. Williams: Deconstructing Gender 22: Margaret Jane Radin: The Pragmatist and the Feminist 23: Regina Austin: Sapphire Bound! 24: Deborah L. Rhode: Feminist Critical Theories 25: Catharine A. MacKinnon: Toward Feminist Jurisprudence Suggested Reading

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