A SCHOLARLY BOOK REPOSITORY
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women’s willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman’s desire to control personal information, and abortion secrecy, a woman’s defense against the many harms of disclosure.
Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision—let alone a right—but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women’s abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics.
New medical technologies, women’s increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women’s decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.
Forty years after the U.S. Supreme Court handed down its decision legalizing abortion, Roe v. Wade continues to make headlines. After Roe: The Lost History of the Abortion Debate cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today.
In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives and more than 100 interviews with key participants, Ziegler’s revelations complicate the view that abortion rights proponents were insensitive to larger questions of racial and class injustice, and expose as caricature the idea that abortion opponents were inherently antifeminist. But over time, “pro-abortion” and “anti-abortion” positions hardened into “pro-choice” and “pro-life” categories in response to political pressures and compromises. This increasingly contentious back-and-forth produced the interpretation now taken for granted—that Roe was primarily a ruling on a woman’s right to choose.
Peering beneath the surface of social-movement struggles in the 1970s, After Roe reveals how actors on the left and the right have today made Roe a symbol for a spectrum of fervently held political beliefs.
All Our Trials explores the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive archival research and first-person narratives, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, broad-based local coalitions, national gatherings, and radical print cultures that cut through prison walls. In the process, she illuminates a crucial chapter in an unfinished struggle––one that continues in today’s movements against mass incarceration and in support of transformative justice.
Some say the fetus is the “tiniest citizen.” If so, then the bodies of women themselves have become political arenas—or, recent cases suggest, battlefields. A cocaine-addicted mother is convicted of drug trafficking through the umbilical cord. Women employees at a battery plant must prove infertility to keep their jobs. A terminally ill woman is forced to undergo a cesarean section. No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman’s relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman’s rights? Are they different from a man’s? And how has the state helped determine the difference? The answers, rigorously pursued throughout this book, give us a clear look into the state’s paradoxical role in gender politics—as both a challenger of injustice and an agent of social control.
In benchmark legal cases concerned with forced medical treatment, fetal protectionism in the workplace, and drug and alcohol use and abuse, Daniels shows us state power at work in the struggle between fetal rights and women’s rights. These cases raise critical questions about the impact of gender on women’s standing as citizens, and about the relationship between state power and gender inequality. Fully appreciating the difficulties of each case, the author probes the subtleties of various positions and their implications for a deeper understanding of how a woman’s reproductive capability affects her relationship to state power. In her analysis, the need to defend women’s right to self-sovereignty becomes clear, but so does the need to define further the very concepts of self-sovereignty and privacy.
The intensity of the debate over fetal rights suggests the depth of the current gender crisis and the force of the feelings of social dislocation generated by reproductive politics. Breaking through the public mythology that clouds these debates, At Women’s Expense makes a hopeful beginning toward liberating woman’s body within the body politic.
During the struggle for decolonization, Frantz Fanon argued that artists who mimicked European aestheticism were “beginning at the end,” skipping the inventive phase of youth for a decadence thought more typical of Europe’s declining empires. Robert Stilling takes up Fanon’s assertion to argue that decadence became a key idea in postcolonial thought, describing both the failures of revolutionary nationalism and the assertion of new cosmopolitan ideas about poetry and art.
In Stilling’s account, anglophone postcolonial artists have reshaped modernist forms associated with the idea of art for art’s sake and often condemned as decadent. By reading decadent works by J. K. Huysmans, Walter Pater, Henry James, and Oscar Wilde alongside Chinua Achebe, Derek Walcott, Agha Shahid Ali, Derek Mahon, Yinka Shonibare, Wole Soyinka, and Bernardine Evaristo, Stilling shows how postcolonial artists reimagined the politics of aestheticism in the service of anticolonial critique. He also shows how fin de siècle figures such as Wilde questioned the imperial ideologies of their own era.
Like their European counterparts, postcolonial artists have had to negotiate between the imaginative demands of art and the pressure to conform to a revolutionary politics seemingly inseparable from realism. Beginning at the End argues that both groups—European decadents and postcolonial artists—maintained commitments to artifice while fostering oppositional politics. It asks that we recognize what aestheticism has contributed to politically engaged postcolonial literature. At the same time, Stilling breaks down the boundaries around decadent literature, taking it outside of Europe and emphasizing the global reach of its imaginative transgressions.
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected?
As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life.
In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
How two teenage girls in Minnesota jump-started a revolution in high school athletics
Peggy Brenden, a senior, played tennis. Toni St. Pierre, a junior, was a cross country runner and skier. All these two talented teenagers wanted was a chance to compete on their high school sports teams. But in Minnesota in 1972 the only way on the field with the boys ran through a federal court—so that was where the girls went. Break Point tells the story, for the first time, of how two teenagers took on the unequal system of high school athletics, setting a legal precedent for schools nationwide before the passage of Title IX.
As Peggy’s younger sister, author Sheri Brenden is uniquely positioned to convey the human drama of the case, the stakes, and the consequences for two young women facing the legal machinery of the state, in court and in school. In an account that begins with Peggy painstakingly typing her appeal to the Minnesota Civil Liberties Union and concludes with a long view of what Brenden v. Independent School District 742 set in motion, Sheri Brenden summons the salient details of this landmark case as it makes its way through the courts. Peggy and Toni, coaches, administrators, and experts testify before Judge Miles Lord, whose decision, upheld in a precedent-setting appeal, would change these girls’ lives and open up athletic opportunities for innumerable others.
Grounded in newspaper coverage, court records, and interviews, Brenden’s deeply researched, scrupulously reported book is at heart the story of two talented teenage girls whose pluck and determination—and, often, heartache—led to a victory much greater than any high school championship.
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.
“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
One of Ms. Magazine's Most Anticipated Books of 2023
Carceral liberalism emerges from the confluence of neoliberalism, carcerality, and patriarchy to construct a powerful ruse disguised as freedom. It waves the feminist flag while keeping most women still at the margins. It speaks of a post-race society while one in three Black men remain incarcerated. It sings the praises of capital while the dispossessed remain mired in debt.
Shreerekha Pillai edits essays on carceral liberalism that continue the trajectory of the Combahee River Collective and the many people inspired by its vision of feminist solidarity and radical liberation. Academics, activists, writers, and a formerly incarcerated social worker look at feminist resurgence and resistance within, at the threshold of, and outside state violence; observe and record direct and indirect forms of carcerality sponsored by the state and shaped by state structures, traditions, and actors; and critique carcerality. Acclaimed poets like Honorée Fanonne Jeffers and Solmaz Sharif amplify the volume’s themes in works that bookend each section.
Cutting-edge yet historically grounded, Carceral Liberalism examines an American ideological creation that advances imperialism, anti-blackness, capitalism, and patriarchy.
Contributors: Maria F. Curtis, Joanna Eleftheriou, Autumn Elizabeth and Zarinah Agnew and D Coulombe, Jeremy Eugene, Demita Frazier, Honorée Fanonne Jeffers, Alka Kurian, Cassandra D. Little, Beth Matusoff Merfish, Francisco Argüelles Paz y Puente, Shreerekha Pillai, Marta Romero-Delgado, Ravi Shankar, Solmaz Sharif, Shailza Sharma, Tria Blu Wakpa and Jennifer Musial, Javier Zamora
When Justice Oliver Wendell Holmes determined in 1927 that sterilization was a legitimate means of safeguarding the nation’s health, he was asserting the state’s right to regulate the production of the national body. His opinion represented a culmination of arguments about reproduction and immigration that had been circulating for years but that intensified during the Progressive Era. Arguments about reproductive and immigration practices surged to the foreground, and tectonic shifts in the conceptual schemes and practices of reproduction in the United States followed.
Drawing on feminist historiography and genre studies, Corporal Rhetoric: Regulating Reproduction in the Progressive Era explores the rhetoric of medical research, new technologies, and material practices that shifted the idea of childbirth as an act of God or Nature to a medical procedure enacted by male physicians on the bodies of women made passive by both drugs and discourse. Barbara Schneider considers how efficiency, the hallmark of scientific management, was raised to a cardinal virtue by its inclusions in the powerful mediums of presidential speeches, national educational policies, and eugenics discourse to reclassify babies, long regarded as gifts, as either valuable assets or defective products.
Schneider shows how the legal system drew upon medicine, scientific management, and the emerging discipline of sociology to restrict women’s labor in order to preserve reproductive capacity, categorized by Supreme Court opinions as a public good rather than a private capacity. Throughout, she ties the arguments developed during this era to current debates about mothering rhetorics, reproductive rights, immigration, and conceptions of the nation.
By weaving together medical research reports, clinical practices, case studies, legal opinions and legislative acts, and the epistemology of scientific management, Schneider illuminates the network that women such as Margaret Sanger, Jane Addams, Lillian Gilbreth and multiple others negotiated as they sought to give women room to exercise their reproductive capacity. Through her analysis of the machinery of these discourses and the material uptake of their genres in the daily practices of reproductive bodies, Schneider offers a provisional theory of corporal rhetoric that begins to answer the call for a new material theory of the body.
In Courts and Commerce, Deborah A. Rosen intertwines economic history, legal history, and the history of gender. Relying on extensive analysis of probate inventories, tax lists, court records, letter books, petitions to the governor, and other documents from the eighteenth century—some never before studied—Rosen describes the expansion of the market economy in colonial New York and the way in which the law provided opportunities for eighteenth-century men to expand their economic networks while at the same time constraining women's opportunities to engage in market relationships. The book is unusual in its range of interests: it pays special attention to a comparison of urban and rural regions, it examines the role of law in fostering economic development, and it contrasts the different experiences of men and women as the economy changed.
Courts and Commerce challenges the idealized image of colonial America that has dominated historiography on the colonial period. In contrast to scholars who have portrayed the colonial period as a golden age for communal values and who have described nineteenth-century developments as if they had no eighteenth-century precedents, Rosen demonstrates that the traditionally described communal model of eighteenth-century America is a myth, and that in many ways the two eras are marked more by continuity than by change.
Deborah Rosen demonstrates that a market economy based on arm’s-length relationships did not suddenly emerge in the nineteenth century but already existed during the eighteenth century; that women became marginalized from the economy well before industrialization sent their husbands off to factories; and that the law shaped economic development a century or more before judges began to redefine the substance of the law to protect manufacturers and railway owners against expensive lawsuits by injured employees, neighbors, and consumers.
This bold and thought-provoking work will find a welcome audience among scholars of colonial American history, economic, social, and legal history, and women's studies.
Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a "woman's crime" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for "passing" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well.
At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.
One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community.
Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense.
Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare—and possibly socialist—post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society.
Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism.
Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.
Gross Misbehavior and Wickedness—the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty—recounts the protracted legal proceedings in juicy detail.
Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce—in an era when women needed husbands for economic support—was associated with women’s aspirations for independence and rights. The Walkers’ dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.
Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.
Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.
“From the bedroom to the classroom to the courtroom, ‘consent’ is a key term in our contemporary sexual ethics. In this timely reexamination, Manon Garcia deftly reveals the hidden complexities of consent and proposes how to reconceptualize it as a tool of liberation.”
—Amia Srinivasan, author of The Right to Sex
A feminist philosopher argues that consent is not only a highly imperfect legal threshold but also an underappreciated complement of good sex.
In the age of #MeToo, consent has become the ultimate answer to problems of sexual harassment and violence: as long as all parties agree to sex, the act is legitimate. Critics argue that consent, and the awkwardness of confirming it, rob sex of its sexiness. But that objection is answered with the charge that opposing the consent regime means defending a masculine erotics of silence and mystery, a pillar of patriarchy.
In The Joy of Consent, French philosopher Manon Garcia upends the assumptions that underlie this very American debate, reframing consent as an ally of pleasure rather than a legalistic killjoy. In doing so, she rejects conventional wisdom on all sides. As a legal norm, consent can prove rickety: consent alone doesn’t make sex licit—adults engaged in BDSM are morally and legally suspect even when they consent. And nonconsensual sex is not, as many activists insist, always rape. People often agree to sex because it is easier than the alternative, Garcia argues, challenging the simplistic equation between consent and noncoercion.
Drawing on sources rarely considered together—from Kantian ethics to kink practices—Garcia offers an alternative framework grounded in commitments to autonomy and dignity. While consent, she argues, should not be a definitive legal test, it is essential to realizing intimate desire, free from patriarchal domination. Cultivating consent makes sex sexy. By appreciating consent as the way toward an ethical sexual flourishing rather than a legal litmus test, Garcia adds a fresh voice to the struggle for freedom, equality, and security from sexist violence.
Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor’s daughter; Patricia Campbell Hearst, tried in 1975 for bank robbery as a member of the Symbionese Liberation Army; Jean Harris, tried in 1982 for killing Herman Tarnower, the Diet Doctor; and Darci Kayleen Pierce, tried in 1988 for kidnapping and brutally murdering a pregnant woman, then removing the baby from the woman’s womb.
In her analysis, Schuetz is careful to define these trials as popular trials. Characteristically, popular trials involve persons, issues, or crimes of social interest that attract extensive public interest and involvement. Such trials make a contribution to the ongoing historical dialogue about the meaning of justice and the legal system, while reflecting the values of the time and place in which they occur.
Schuetz examines the kinds of communication that transpired and the importance of gender in the trials by applying a different current rhetorical theory to each trial text. In every chapter, she explains her chosen interpretive theory, compares that framework with the discourse of the trial, and makes judgments about the meaning of the trial texts based on the interpretive theory.
Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective?
In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence.
In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and “equality” strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee equal access, nondiscrimination, and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to get recognized by law and included in the state's institutions. But does changing what the law says about a targeted and marginalized population bring material relief? And what if many of the problems that shorten trans people's lives stem from the ordinary, banal ways that gender norm categories are administered by virtually every state and private institution?
In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes the assumptions about what legal rights can do for marginalized populations and describes transformative resistance processes and formations that address the root causes of harm and violence. Setting forth a politic that goes beyond the quest for mere legal inclusion, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Returning to the years leading up to Roe v. Wade, Mensch and Freeman detail the role of religion and its relationship to the emerging politics of abortion. Discussing primarily the natural law tradition associated with Catholicism and the Protestant ethical tradition, the authors focus most sharply on the 1960s in which the present terms of the abortion debate were set. In a skillful analysis, they identify a variety of factors that directed and shaped the debate--including, among others, the haunting legacy of Nazism, the moral challenge of the civil rights movement, the "God is dead" discourse, school prayer and Bible reading, Harvey Cox's The Secular City, the Berrigans and Vietnam, the animal rights movement, and the movement of the church-going population away from mainstream Protestant tradition toward evangelical fundamentalism. By criticizing the rhetoric employed by both the "pro-choice" and "pro-life" camps, Mensch and Freeman reveal the extent to which forces on either side of the issue have failed to respond to relevant concerns. Since Roe v. Wade, the authors charge, public debate has seemed to concede the moral high ground to the "pro-life" position, while the "pro-choice" rhetoric has appeared to defend an individual's legal right to do moral wrong. Originally published as a special issue of The Georgia Law Review (Spring 1991), this revised and expanded edition will be welcomed by all those frustrated by the impasse of debates so central to our nation's moral life.
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America.
Prison writings from twenty-two Kurdish women who were elected to office in Turkey and then imprisoned by the state on political grounds.
Gültan Kışanak, a Kurdish journalist and former MP, was elected co-mayor of Diyarbakır in 2014. Two years later, the Turkish state arrested and imprisoned her. Her story is remarkable, but not unique. While behind bars, she wrote about her own experiences and collected similar accounts from other Kurdish women, all co-chairs, co-mayors, and MPs in Turkey; all incarcerated on political grounds.
The Purple Colour of Kurdish Politics is a one-of-a-kind collection of prison writings from twenty-two Kurdish women politicians. Here they reflect on their personal and collective struggles against patriarchy and anti-Kurdish repression in Turkey; on the radical feminist principles and practices through which they transformed the political structures and state offices in which they operated. They discuss what worked and what didn’t, and the ways in which Turkey’s anti-capitalist and socialist movements closely informed their political stances and practices.
Demonstrating Kurdish women’s ceaseless political determination and refusal to be silenced – even when behind bars – the book ultimately hopes to inspire women living under even the most unjust conditions to engage in collective resistance.
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.
Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse—the understanding of legal rights and their constraints—for defining and advancing their cause.
Rights at Work offers new insight into the relation between law and social change—the ways in which grass roots social movements work within legal rights traditions to promote progressive reform.
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.
With The Seductions of Quantification, leading legal anthropologist Sally Engle Merry investigates the techniques by which information is gathered and analyzed in the production of global indicators on human rights, gender violence, and sex trafficking. Although such numbers convey an aura of objective truth and scientific validity, Merry argues persuasively that measurement systems constitute a form of power by incorporating theories about social change in their design but rarely explicitly acknowledging them. For instance, the US State Department’s Trafficking in Persons Report, which ranks countries in terms of their compliance with antitrafficking activities, assumes that prosecuting traffickers as criminals is an effective corrective strategy—overlooking cultures where women and children are frequently sold by their own families. As Merry shows, indicators are indeed seductive in their promise of providing concrete knowledge about how the world works, but they are implemented most successfully when paired with context-rich qualitative accounts grounded in local knowledge.
In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize.
Speaking of Sex explores a topic that too often drops out of our discussions when we speak about sex: the persistent problem of sex-based inequality and the cultural forces that sustain it. On critical issues affecting women, most Americans deny either that gender inequality is a serious problem or that it is one that they have a personal or political responsibility to address. In tracing this “no problem” problem, Speaking of Sex examines the most fundamental causes of women’s disadvantages and the inadequacy of current public policy to combat them.
Although in the past quarter-century the United States has made major progress in addressing gender discrimination, women still face substantial obstacles in their private, public, and professional lives. On every significant measure of wealth, power, status, and security, women remain less advantaged than men. Deborah Rhode reveals the ways that the culture denies, discounts, or attempts to justify those inequalities. She shows that only by making inequality more visible can we devise an adequate strategy to confront it.
Speaking of Sex examines patterns of gender inequality across a wide array of social, legal, and public policy settings. Challenging conventional biological explanations for gender differences, Rhode explores the media images and childrearing practices that reinforce traditional gender stereotypes. On policies involving employment, divorce, custody, rape, pornography, domestic violence, sexual harassment, and reproductive choice, Speaking of Sex reveals how we continually overlook the gap between legal rights and daily experience. All too often, even Americans who condemn gender inequality in principle cannot see it in practice—in their own lives, homes, and work environments. In tracing these patterns, Rhode uncovers the deeply ingrained assumptions that obscure and perpetuate women’s disadvantages.
In the past twenty-five years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she "has made it easier for other women to seek justice." This collection, the first since MacKinnon's celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.
By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women's actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
RECENTLY PUBLISHED
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press