front cover of Applications Of Feminist Legal Theory
Applications Of Feminist Legal Theory
edited by D. Kelly Weisberg
Temple University Press, 1996
This book, the second of two volumes, examines the pressing issues that affect women—pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies—and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
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front cover of Butterfly Politics
Butterfly Politics
Catharine A. MacKinnon
Harvard University Press, 2017

The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.

Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here—many published for the first time—provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public—for example, the analysis of substantive equality. Others urge changes that have yet to be realized.

The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.

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Butterfly Politics
Changing the World for Women, With a New Preface
Catharine A. MacKinnon
Harvard University Press, 2019

“Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come—always, but perhaps now more than ever.”
—Cass Sunstein, coauthor of Nudge


Under certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse—grounding and predicting the worldwide #MeToo movement—and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon.

“MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.”
New York Times

“MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist… Butterfly Politics is a devastating salvo fired in the gender wars… This book has a single overriding aim: to effect global change in the pursuit of equality.”
The Australian

Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law—Title VII—could be used as a tool… It was the beginning of a field that didn’t exist until then.”
—U.S. Supreme Court Justice Ruth Bader Ginsburg

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front cover of In Contempt
In Contempt
Nineteenth-Century Women, Law, and Literature
Kristin Kalsem
The Ohio State University Press, 2012

 In Contempt: Nineteenth-Century Women, Law, and Literature, by Kristin Kalsem, explores the legal advocacy performed by nineteenth-century women writers in publications of nonfiction and fiction, as well as in real-life courtrooms and in the legal forum provided by the novel form.

 
The nineteenth century was a period of unprecedented reform in laws affecting married women’s property, child support and custody, lunacy, divorce, birth control, domestic violence, and women in the legal profession. Women’s contributions to these changes in the law, however, have been largely ignored because their work, stories, and perspectives are not recorded in authoritative legal texts; rather, evidence of their arguments and views are recorded in writings of a different kind. This book examines lesser-known works of nonfiction and fiction by legal reformers such as Annie Besant and Georgina Weldon and novelists such as Frances Trollope, Jane Hume Clapperton, George Paston, and Florence Dixie.
 
In Contempt brings to light new connections between Victorian law and literature, not only with its analysis of many “lost” novels but also with its new legal readings of old ones such as Emily Brontë’s Wuthering Heights (1847), George Eliot’s Adam Bede (1859), Lewis Carroll’s Alice’s Adventures in Wonderland (1865), Rider Haggard’s She (1887), and Thomas Hardy’s Jude the Obscure (1895). This study reexamines the cultural and political roles of the novel in light of “new evidence” that many nineteenth-century novels were “lawless”—showing contempt for, rather than policing, the law.
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Reasoning from Race
Feminism, Law, and the Civil Rights Revolution
Serena Mayeri
Harvard University Press, 2011

Informed in 1944 that she was “not of the sex” entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called “Jane Crow.” In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women’s rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri’s Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy.

Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race—and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists’ agenda.

Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decision makers who heard—or chose not to hear—their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law.

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front cover of Recovering Subversion
Recovering Subversion
Feminist Politics beyond the Law
Nivedita Menon
University of Illinois Press, 2004

Is the language of rights enough to foster real social and political change? Nivedita Menon explores the relationship between law and feminist politics by examining the contemporary Indian women's movement with comparisons to France and the United States. She argues that the intersection of feminist politics, law, and the state often paradoxically and severely distorts important ethical and emancipatory impulses of feminism.

Menon reviews historical challenges to the liberal notion of rights from Marxist, feminist, postcolonial, and critical legal scholars, and analyzes current Indian debates on topics including abortion, sexual violence, and Parliamentary quotas for women. Far from being a call to withdraw from the arena of law, Recovering Subversion instead urges feminists everywhere to recognize the limits of "rights discourse" and pleads for a politics that goes beyond its boundaries.

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front cover of Representing Women
Representing Women
Law, Literature, and Feminism
Susan Sage Heinzelman and Zipporah Batshaw Wiseman, eds.
Duke University Press, 1994
This anthology explores the provocative intersection between feminist, literary, and legal theories. Written by feminist thinkers from law and literature, discourses that each produce culturally powerful representations of women, these essays contest the boundaries that usually separate these disciplines and thereby alter the possibilities of those representations that have traditionally disempowered women.
Beginning with an exploration of the ways in which women are represented—how they either tell or have their stories told in literature, in the law, in a courtroom—this collection demonstrates the interrelatedness of the legal and the literary. Whether considering the status of medieval women readers or assessing the effectiveness and extent of contemporary rape law reform, the essays show that power first comes with telling one’s own story, and that the degree and effect of that power are determined by the cultural significance of the forum in which the story is presented. But telling the story is not enough. One must also be aware of how the story is contained within traditional constructs or boundaries and is thus limited in its effects, as Carol Sanger’s essay on mothers and legal/sexual identity makes clear. One must also recognize how a story might perpetuate an ideological agenda that is not in the best interests of the storyteller, as Elizabeth Butler Cullingford shows in her reading of Yeats’s "Leda and the Swan" and one must know the historical context of a story and of its telling, as Anne B. Goldstein’s essay on lesbian narratives discloses.
Breaking down the boundaries between law and literature, this anthology makes evident the ways in which the effect of women’s stories has been constrained and expands the range of possibilities for those who represent women, tell women’s stories, or present women’s issues. Representing Women makes the retelling of old stories about women compelling and the telling of new ones both necessary and possible.

Contributors. Kathryn Abrams, Linda Brodkey, Rita Copeland, Elizabeth Butler Cullingford, Margaret Anne Doody, Susan B. Estrich, Michelle Fine, Anne B. Goldstein, Angela P. Harris, Susan Sage Heinzelman, Christine L. Krueger, Martha Minow, Carol Sanger, Judy Scales-Trent

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front cover of Ruth Bader Ginsburg’s Legacy of Dissent
Ruth Bader Ginsburg’s Legacy of Dissent
Feminist Rhetoric and the Law
Katie L. Gibson
University of Alabama Press, 2018
A rhetorical analysis of Justice Ruth Bader Ginsburg’s feminist jurisprudence

Ruth Bader Ginsburg’s lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law.

This illuminating work examines Justice Ruth Bader Ginsburg’s contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women’s rights) and describes her rhetorical contributions—beginning with her work in the 1970s as a lawyer and an advocate for the ACLU’s Women’s Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg’s rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg’s jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg’s voice of dissent today, Ginsburg’s rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric.
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