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Feminist Jurisprudence

Edited by Patricia Smith

Publication Date - January 1993

ISBN: 9780195073973

640 pages
6-1/8 x 9-1/4 inches

Retail Price to Students: $99.99


Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. An important resource for courses in women's studies, philosophy, law, sociology, and political science, it provides many stimulating insights into essential topics in jurisprudence, such as the nature and justification of law, judicial reasoning and the process of adjudication, the connection between law and equality, and freedom and justice.

Table of Contents

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

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