Transcending the Boundaries of Law: Generations of Feminism and Legal Theory

by Fineman; Martha Albertson

• ISBN13: 9780415481403
• ISBN10: 0415481406
• eBook ISBN(s): 9781136949029
• Format: Nonspecific Binding
• Copyright: 2010-08-19
• Publisher: Routledge-Caven
• More Book Details

Summary

Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past 25 years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.

Table of Contents

List of illustrations	p. xi
List of contributors	p. xii
Acknowledgements	p. xvi
Introduction	p. 1
Section 1	p. 5
Introduction to Section One	p. 7
"Lefeminsmeö and professionalism in law: reflections on the history of women lawyers	p. 9
An inconsistent affair: feminism and the legal academy	p. 25
Have pantsuit, will travel	p. 40
Grappling with equality: one feminist journey	p. 47
Engaging equality	p. 63
Introduction to Section Two	p. 65
What's so hard about sex equality? Nature, culture, and social engineering	p. 67
No male or female	p. 83
The new faces of feminism: feminism-in-action and organic feminists in a post-feminist era	p. 97
Engaging bodies	p. 111
Introduction to Section Three	p. 113
Feminist legal theory as embodied justice	p. 115
Privatization and punishment in the new age of reprogenetics	p. 131
A tale of two bodies: the male body and feminist legal theory	p. 143
Engaging universals and engaging identities	p. 157
Introduction to Section Four	p. 159
The vulnerable subject: anchoring equality in the human condition	p. 161
Resistance in the afterlife of identity	p. 176
Gender equality, citizenship status, and the politics of belonging	p. 192
Engaging intimacy and the family	p. 207
Introduction to Section Five	p. 209
When and where they enter	p. 213
Family law, feminist legal theory, and the problem of racial hierarchy	p. 243
Living alone: new demographic research	p. 258
Engaging the state	p. 277
Prosecuting sexual violence in the ad hoc International Criminal Tribunals for Rwanda and the Former Yugoslavia	p. 299
Theorizing the more responsive state: transcending the national boundaries of law	p. 305
Engaging politics	p. 321
New frontiers in family law	p. 236
Introduction to Section Six	p. 279
Learning the lessons: what feminist legal theory teaches international human rights law and practice	p. 281
Introduction to Section Seven	p. 323
Gender scripting and deliberative democracy	p. 326
The accidental feminist	p. 339
Defending and developing critical feminist theory as law leans rightward	p. 352
Appendix: Introduction to At the Boundaries of the Law: Feminism and Legal Theory	p. 367
Bibliography	p. 372
Index	p. 407
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