基本説明
This anthology is designed for use in courses in feminist jurisprudence, jurisprudence, and the philosophy of law.
Full Description
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.
Contents
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
