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25 Remote Warehouse Feminist Studies- General

Our Lives Before the Law: Constructing a Feminist Jurisprudence

by

Our Lives Before the Law: Constructing a Feminist Jurisprudence Cover

 

Synopses & Reviews

Publisher Comments:

According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism.

Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions.

The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women.

Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.

Synopsis:

"Our Lives Before the Lawis an extremely interesting book on an extremely interesting subject. Baer offers passionate and powerful criticism that should appeal to a wide audience."--Deborah L. Rhode, Stanford University

"This book displays a deep and subtle understanding of law, its possibilities and limits."--Christine A. Littleton, University of California, Los Angeles

"A comprehensive and impressive work in feminist jurisprudence. It will become a must read for scholars in law and for those in political science and women's studies for whom law is a subject of interest."--Austin Sarat, Amherst College

Synopsis:

According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism.

Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions.

The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women.

Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.

Description:

Includes bibliographical references (p. [247]-264) and indexes.

Table of Contents

PREFACE ix

ACKNOWLEDGMENTS xv

PART 1: LAW THROUGH WOMEN'S LIVES I

ONE Introduction 3

TWO Is Law Male? The Foundations of Feminist Jurisprudence 16

THREE What Makes Law Male? Gendered Jurisprudence and Feminist Critique 39

FOUR How Is Law Male? Gendered Method and Feminist Response 71

PART II: WOMEN'S LIVES THROUGH LAW 95

FIVE Reconstructing Equality: Feminist Constitutional Doctrine 97

SIX Reconstructing Rights: Feminist Reproductive Freedom 124

SEVEN Reconstructing Responsibility: Feminist Fetal Protection 151

EIGHT Toward a Feminist Postliberalism 176

NOTES 203

BIBLIOGRAPHY 247

GENERAL INDEX 265

INDEX OF CASES 273

Product Details

ISBN:
9780691019451
Author:
Baer, Judith A.
Publisher:
Princeton University Press
Location:
Princeton, N.J. :
Subject:
Women
Subject:
Feminism & Feminist Theory
Subject:
Jurisprudence
Subject:
Legal status, laws, etc.
Subject:
Gender & the Law
Subject:
Feminist jurisprudence
Subject:
Gender Studies
Subject:
Political Science and International Relations
Subject:
Political philosophy
Subject:
Law
Subject:
Women -- Legal status, laws, etc.
Subject:
Feminist Studies-General
Copyright:
Edition Description:
Trade paper
Publication Date:
August 1999
Binding:
TRADE PAPER
Grade Level:
College/higher education:
Language:
English
Illustrations:
Yes
Pages:
296
Dimensions:
9 x 6 in 15 oz

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Related Subjects

History and Social Science » Feminist Studies » General
History and Social Science » Law » General
History and Social Science » Law » Legal Guides and Reference
Humanities » Philosophy » General

Our Lives Before the Law: Constructing a Feminist Jurisprudence New Trade Paper
0 stars - 0 reviews
$44.50 In Stock
Product details 296 pages Princeton University Press - English 9780691019451 Reviews:
"Synopsis" by , "Our Lives Before the Lawis an extremely interesting book on an extremely interesting subject. Baer offers passionate and powerful criticism that should appeal to a wide audience."--Deborah L. Rhode, Stanford University

"This book displays a deep and subtle understanding of law, its possibilities and limits."--Christine A. Littleton, University of California, Los Angeles

"A comprehensive and impressive work in feminist jurisprudence. It will become a must read for scholars in law and for those in political science and women's studies for whom law is a subject of interest."--Austin Sarat, Amherst College

"Synopsis" by , According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism.

Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions.

The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women.

Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.

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