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Debating Women's Equality
Toward a Feminist Theory of Law from a European Perspective
Gerhard, Ute
Rutgers University Press, 2001

Ute Gerhard places women's rights at the center of legal philosophy and sees the struggle for equality as a driving force in the history of law. Focusing on Europe and taking the course of German feminism and law as primary examples, she incorporates the various social contexts in which questions of equality and gender difference have been raised into an analysis that challenges misconceptions about the principle of equality itself.

Gerhard reviews the history of women's movements in the nineteenth and twentieth centuries and traces the historical development of claims to gender equality as well as obstacles to these claims. Critically exploring the influence of philosophers such as Rousseau, Fichte, and Kant, Gerhard concludes that women need to be recognized as both equal and different-that claims to equality do not simply eliminate difference, but also articulate it. Mindful of the social and political contexts surrounding equality arguments, Gerhard probes three legal issues: women's rights in the public sphere, especially the right to vote; women's legal capacities in private law, or the legal doctrine of so-called gender tutelage; and women's human rights, a prominent concern in the current international women's movement.
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front cover of A Democratic Theory of Judgment
A Democratic Theory of Judgment
Linda M. G. Zerilli
University of Chicago Press, 2016
In this sweeping look at political and philosophical history, Linda M. G. Zerilli unpacks the tightly woven core of Hannah Arendt’s unfinished work on a tenacious modern problem: how to judge critically in the wake of the collapse of inherited criteria of judgment. Engaging a remarkable breadth of thinkers, including Ludwig Wittgenstein, Leo Strauss, Immanuel Kant, Frederick Douglass, John Rawls, Jürgen Habermas, Martha Nussbaum, and many others, Zerilli clears a hopeful path between an untenable universalism and a cultural relativism that forever defers the possibility of judging at all.
           
Zerilli deftly outlines the limitations of existing debates, both those that concern themselves with the impossibility of judging across cultures and those that try to find transcendental, rational values to anchor judgment. Looking at Kant through the lens of Arendt, Zerilli develops the notion of a public conception of truth, and from there she explores relativism, historicism, and universalism as they shape feminist approaches to judgment. Following Arendt even further, Zerilli arrives at a hopeful new pathway—seeing the collapse of philosophical criteria for judgment not as a problem but a way to practice judgment anew as a world-building activity of democratic citizens. The result is an astonishing theoretical argument that travels through—and goes beyond—some of the most important political thought of the modern period.
 
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front cover of Feminism and the Abyss of Freedom
Feminism and the Abyss of Freedom
Linda M. G. Zerilli
University of Chicago Press, 2005
In contemporary feminist theory, the problem of feminine subjectivity persistently appears and reappears as the site that grounds all discussion of feminism. In Feminism and the Abyss of Freedom, Linda M. G. Zerilli argues that the persistence of this subject-centered frame severely limits feminists' capacity to think imaginatively about the central problem of feminist theory and practice: a politics concerned with freedom.

Offering both a discussion of feminism in its postmodern context and a critique of contemporary theory, Zerilli here challenges feminists to move away from a theory-based approach, which focuses on securing or contesting "women" as an analytic category of feminism, to one rooted in political action and judgment. She revisits the democratic problem of exclusion from participation in common affairs and elaborates a freedom-centered feminism as the political practice of beginning anew, world-building, and judging. 

In a series of case studies, Zerilli draws on the political thought of Hannah Arendt to articulate a nonsovereign conception of political freedom and to explore a variety of feminist understandings of freedom in the twentieth century, including ones proposed by Judith Butler, Monique Wittig, and the Milan Women's Bookstore Collective. In so doing, Zerilli hopes to retrieve what Arendt called feminism's lost treasure: the original and radical claim to political freedom.
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