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Introduction to Feminist Legal Theory (Introduction to Law Series)

Author: Martha Chamallas
Published: May 1999
Publisher: Aspen Law & Business
ISBN: 0735500452
Paperback Book
Number of Pages: 360
 
Click to compare book prices for Introduction to Feminist Legal Theory (Introduction to Law Series)
Introduction to Feminist Legal Theory (Introduction to Law Series)

This pioneering work is the ifrst student treatise to survey issues such as sex discrimination, rape, and domestic violence. Author Martha Chamallas breaks new ground in reviewing the history of the feminist movement, prevalent feminist paradigms, and related cultural and political movements. INTRODUCTION TO FEMINIST LEGAL THEORY easily accompanies casebooks used in courses on feminist jurisprudence of gender and the law.When you review this treatise, be sure to notice how Chamallas: —makes the material accessible through clear, concise writing —examines significant feminist paradigms in the historical context of the 1970s (equality), 1980s (difference), and 1990s (diversity) —reveals the impact of the law on all aspects of women's livesBeginning with the development of feminist ideologies and progressing to how the law affects women both economically and socially, the book covers the three stages of Feminist Legal Theory: — The Equality Stage (1970s) — The Difference Stage (1980s) — The Diversity Stage (1990s)For a refreshingly modern and intellectually sound introduction to feminist theory, you now have a new resource: INTRODUCTION TO FEMINIST THEORY. Be sure to examine this groundbreaking treatise before your next course.Table of ContentsContentsPrefaceIntroductionA. The Contours of Feminist Legal TheoryB. Organization of This BookChapter 1: Thinking Like a FeministA. Five Opening Moves 1. Women's Experience 2. Implicit Male Bias 3. Double Binds and Dilemmas of Difference 4. Reproducing Patterns of Male Domination 5.Unpacking Women's ChoicesB. SummaryChapter 2: Three Stages of Feminist Legal TheoryChapter 3: The Equality Stage (1970s)A. The Elimination of Sex—Based ClassificationsB. Equal Access to Jobs and EducationC. Equality in the FamilyD. Privacy and the Legal Regulation of Sexual ConductE. Feminist Scholarship during the Equality StageF. The Impact of Liberal Feminism on Law Chapter 4: The Difference Stage (1980s)A. The Debate Over Equal v. Special TreatmentB. The Emergence of Dominance FeminismC. Cultural Feminism Meets the LawD. Confronting the Dangers of Cultural FeminismE. Cross—Fertilization and Blended Feminist TheoriesF. Feminism and Critical Legal StudiesG. Combining Theory and Practice: Gender Bias in the CourtsChapter 5: The Diversity Stage (1990s)A. Critiques of Gender EssentialismB. Feminist Theories of Multiple Oppression and Multiple PerspectivesC. Postmodern Feminist TheoriesD. Breaking the False Dichotomy Between Agency and VictimizationE. Investigating White PrivilegeF. Backlash: Proliferation of Critics of Feminist Legal Theory 1. Evolutionary Biology 2. Victim Feminism 3. The New Right—Wing AttackChapter 6: Allied Intellectual MovementsA. Critical Race Theory 1. The Theme of Cultural Domination 2. Unconscious Racism and the Critique of Color—Blindness 3. Perspectivity and Hate Speech 4. Race as a Social Construction B. Gay and Lesbian Studies 1. Connecting Heterosexism to Sexism 2. Analyzing the Constructs of Sex, Gender, and Sexual Orientation 3. Gay Narratives and Pre—Understandings 4. Construction of Group and Personal IdentityChapter 7: Applied Feminist Legal Scholarship — Economic Subordination of WomenA. The Components of Women's Economic SubordinationB. Tokenism, Gender Stereotyping, and Male—Dominated WorkC. Devaluation, Comparable Worth, and Women's WorkD. Household Labor and the Work/Family ConflictE. Reinforcing Economic Subordination Through Tort LawF. Implicit Gender Bias in the Tax CodeChapter 8: Applied Feminist Scholarship — Sexual Subordination of WomenA. Prototypes of Rape 1. Strangers and Racism 2. Causal Attribution, Victim Responsibility, and Rape Justification 3. Commodification, Devaluation, and New Feminist DiscoursesB. Sexual Harassment 1. A Feminist Cause of Action 2. Feminist Doctrinal Critiques 3. Intersectionality: The Legacy of the Hill/Thomas HearingsC. Domestic Violence 1. Feminist Terms and Descriptions 2. Prototypes of the Battered Woman: Syndromes and Self—Defense 3. The Rhetoric of Privacy and Relationships: Historical InsightsD. Legal Prohibitions on Same—Sex Marriage 1. Legal Climate for Same—Sex Marriage 2. Feminist Responses to Same—Sex MarriageChapter 9: Applied Feminist Scholarship — Motherhood and ReproductionA. Motherhood as an Ideological ConstructB. Constructing Deviancy: Race, Patriarchy, and Single MotherhoodC. Exploring the Relationship between "Dependency" and "Privilege"D. Forced Motherhood: Gender Equality and Abortion RightsE. Limitations on the Right to Choose MotherhoodChapter 10: ConclusionIndex

Table of ContentsTable of Contents

Contents

Preface

Introduction

A. The Contours of Feminist Legal Theory

B. Organization of This Book

Chapter 1: Thinking Like a Feminist

A. Five Opening Moves

1. Women’ s Experience

2. Implicit Male Bias

3. Double Binds and Dilemmas of Difference

4. Reproducing Patterns of Male Domination

5. Unpacking Women’ s Choices

B. Summary

Chapter 2: Three Stages of Feminist Legal Theory

Chapter 3: The Equality Stage (1970s)

A. The Elimination of Sex-Based Classifications

B. Equal Access to Jobs and Education

C. Equality in the Family

D. Privacy and the Legal Regulation of Sexual Conduct

E. Feminist Scholarship during the Equality Stage

F. The Impact of Liberal Feminism on Law

Chapter 4: The Difference Stage (1980s)

A. The Debate Over Equal v. Special Treatment

B. The Emergence of Dominance Feminism

C. Cultural Feminism Meets the Law

D. Confronting the Dangers of Cultural Feminism

E. Cross-Fertilization and Blended Feminist Theories

F. Feminism and Critical Legal Studies

G. Combining Theory and Practice: Gender Bias in the Courts

Chapter 5: The Diversity Stage (1990s)

A. Critiques of Gender Essentialism

B. Feminist Theories of Multiple Oppression and Multiple Perspectives

C. Postmodern Feminist Theories

D. Breaking the False Dichotomy Between Agency and Victimization

E. Investigating White Privilege

F. Backlash: Proliferation of Critics of Feminist Legal Theory

1. Evolutionary Biology

2. Victim Feminism

3. The New Right-Wing Attack

Chapter 6: Allied IntellectualMovements

A. Critical Race Theory

1. The Theme of Cultural Domination

2. Unconscious Racism and the Critique of Color-Blindness

3. Perspectivity and Hate Speech

4. Race as a Social Construction

B. Gay and Lesbian Studies

1. Connecting Heterosexism to Sexism

2. Analyzing the Constructs of Sex, Gender, and Sexual Orientation

3. Gay Narratives and Pre-Understandings

4. Construction of Group and Personal Identity

Chapter 7: Applied Feminist Legal Scholarship - Economic Subordination of Women

A. The Components of Women’ s Economic Subordination

B. Tokenism, Gender Stereotyping, and Male-Dominated Work

C. Devaluation, Comparable Worth, and Women’ s Work

D. Household Labor and the Work/Family Conflict

E. Reinforcing Economic Subordination Through Tort Law

F. Implicit Gender Bias in the Tax Code

Chapter 8: Applied Feminist Scholarship - Sexual Subordination of Women

A. Prototypes of Rape

1. Strangers and Racism

2. Causal Attribution, Victim Responsibility, and Rape Justification

3. Commodification, Devaluation, and New Feminist Discourses

B. Sexual Harassment

1. A Feminist Cause of Action

2. Feminist Doctrinal Critiques

3. Intersectionality: The Legacy of the Hill/Thomas Hearings

C. Domestic Violence

1. Feminist Terms and Descriptions

2. Prototypes of the Battered Woman: Syndromes and Self-Defense

3. The Rhetoric of Privacy and Relationships: Historical Insights

D. Legal Prohibitions on Same-Sex Marriage

1. Legal Climate for Same-Sex Marriage

2. Feminist Responses to Same-Sex Marriage

Chapter 9: Applied Feminist Scholarship - Motherhood and Reproduction

A. Motherhood as an Ideological Construct

B. Constructing Deviancy: Race, Patriarchy, and Single Motherhood

C. Exploring the Relationship between "Dependency" and "Privilege"

D. Forced Motherhood: Gender Equality and Abortion Rights

E. Limitations on the Right to Choose Motherhood

Chapter 10: Conclusion

Index



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Introduction to Feminist Legal Theory (Introduction to Law Series)





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