Introduction to Feminist Legal Theory

by Chamallas, Martha
Edition: 2nd
Format: Paperback
Pub. Date: 2003-05-01
Publisher(s): Wolters Kluwer
List Price: $63.57

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Summary

This groundbreaking work remains the only introductory student treatise on feminist legal theory. Martha Chamallas surveys the full range of legal issues affecting women, from rape and domestic violence to workplace discrimination and taxation issues. Her historical approach, which traces the evolution of legal feminism from the 1970s to the present, is especially valuable for today's generation of students. This revised edition explores a new territory, with the latest cases and scholarly thinking on such topics as gender and athletics, the intersection of sex, race, and sexual orientation, and international human rights. One of the most enlightening books your students are likely to read. The first treatise of its kind, this pioneering work features:the only introductory survey of feminist jurisprudence, providing a concise introduction to the full range of legal issues affecting women, including gender discrimination, rape, sexual harassment, reproductive issues, and much morea historical overview of feminist legal theory, placing legal issues in social context, with a review of the evolving paradigms of contemporary feminism from the 1970s through the presenta clear, energetic presentation keeping students alert and involved with concise overviews, intellectually stimulating material, and succinct, jargon-free prose This new 2003 edition has been thoroughly updated to include:a look at recent advances in feminist theory and law as the field moves from the diversity issues of the 1990s to the emerging perspectives of the twenty-first centurynew developments in gender and human rights with debates over feminism and multicultural racism and the treatment of sex crimes as international human rights violationsa new section on gender and athletics, discussing recent advances in gender discrimination law and the theory of sexual equality under Title IX updated materials on sexual harassmentmore on critical race theory and feminism, with new perspectives and expanded treatment of discrimination against racial groups other than African Americansnew legal issues pertaining to work and family, including recent cases involving job discrimination against mothers and the legal strategies for addressing home-workplace conflicts

Table of Contents

Preface xv
Introduction xix
CHAPTER 1 Thinking Like a Feminist 1(14)
A. Five Opening Moves
4 (9)
1. Women's Experience
4 (2)
2. Implicit Male Bias
6 (2)
3. Double Binds and Dilemmas of Difference
8 (2)
4. Reproducing Patterns of Male Domination
10 (1)
5. Unpacking Women's Choices
11(2)
B. Summary
13(2)
CHAPTER 2 Three Stages of Feminist Legal Theory 15(8)
CHAPTER 3 The Equality Stage (1970's) 23(16)
A. The Elimination of Sex-Based Classifications
24 (5)
B. Equal Access to Jobs and Education
29 (2)
C. Equality in the Family
31 (2)
D. Privacy and the Legal Regulation of Sexual Conduct
33 (2)
E. Feminist Scholarship During the Equality Stage
35 (1)
F. The Impact of Liberal Feminism on Law
36(3)
CHAPTER 4 The Difference Stage (1980's) 39(38)
A. The Debate Over Equal Versus Special Treatment
39 (5)
B. The Emergence of Dominance Feminism
44 (9)
C. Cultural Feminism Meets the Law
53 (7)
D. Confronting the Dangers of Cultural Feminism
60 (2)
E. Beyond Formal Equity: The Special Case of Title IX
62 (3)
F. Feminism and Critical Legal Studies
65 (7)
G. Combining Theory and Practice: Gender Bias in the Courts
72(5)
CHAPTER 5 The Diversity Stage (1990's and Beyond) 77(58)
A. Critiques of Gender Essentialism
78 (10)
B. Feminist Theories of Multiple Oppression and Multiple Perspectives
88 (4)
C. Postmodern Feminist Theories and Personal Identity
92 (4)
D. Breaking the False Dichotomy Between Agency and Victimization
96 (5)
E. Investigating White Privilege
101 (5)
F. The "Turn" to Performance
106 (4)
G. Global Feminism: Women's Rights as Human Rights
110 (3)
H. Backlash: Proliferation of Critics of Feminist Legal Theory
113(22)
1. Evolutionary Biology
118(6)
2. Victim Feminism
124(4)
3. The New Right Wing Attack
128(7)
CHAPTER 6 Allied Intellectual Movements 135(38)
A. Critical Race Theory
136 (20)
1. The Theme of Cultural Domination
137 (4)
2. Unconscious Racism and the Critique of Color Blindness
141 (2)
3. Perspectivity and Hate Speech
143 (4)
4. Race as a Social Construction
147(9)
B. Gay and Lesbian Studies
156 (17)
1. Connecting Heterosexism to Sexism
158 (3)
2. Analyzing the Constructs of Sex, Gender, and Sexual Orientation
161 (4)
3. Gay Narratives and Pre-Understandings
165 (2)
4. Construction of Group and Personal Identity
167 (2)
5. Queer Theory and the Law
169(4)
CHAPTER 7 Applied Feminist Legal Scholarship-Economic Subordination of Women 173(46)
A. The Components of Women's Economic Subordination
175 (3)
B. Tokenism, Gender Stereotyping, and Male-Dominated Work
178 (9)
C. Devaluation, Comparable Worth, and Women's Work
187 (5)
D. Household Labor and the Work/Family Conflict
192 (7)
E. Reinforcing Economic Subordination Through Tort Law
199 (8)
F. Implicit Gender Bias in the Tax Code
207(12)
CHAPTER 8 Applied Feminist Scholarship-Sexual Subordination of Women 219(64)
A. Prototypes of Rape
223 (14)
1. Strangers and Racism
224 (4)
2. Causal Attribution, Victim Responsibility, and Rape Justification
228 (3)
3. Commodification, Devaluation, and New Feminist Discourses
231(6)
B. Sexual Harassment
237 (18)
1. A Feminist Cause of Action
237 (1)
2. Feminist Doctrinal Critiques
238 (8)
3. Intersectionality: The Legacy of the Hill/Thomas Hearings
246(4)
4. Feminist Responses to Same-Sex Harassment
250(5)
C. Domestic Violence
255 (14)
1. Feminist Terms and Descriptions
255 (4)
2. Prototypes of the Battered Woman: Syndromes and Self-Defense
259 (4)
3. The Rhetoric of Privacy and Relationships: Historical Insights
263(6)
D. Prostitution
269 (4)
1. Two Competing Visions of Prostitution
270 (1)
2. The Analogy to Work
271(2)
E. Legal Prohibitions on Same-Sex Marriage
273 (10)
1. Legal Climate for Same-Sex Marriage
274 (2)
2. Feminist Responses to Same-Sex Marriage
276(7)
CHAPTER 9 Applied Feminist Scholarship-Motherhood and Reproduction 283(34)
A. Motherhood as an Ideological Construct
286 (5)
B. Constructing Deviancy: Race, Patriarchy, and Single Motherhood
291 (7)
C. Exploring the Relationship between "Dependency" and "Privilege"
298 (4)
D. Forced Motherhood: Gender Equality and Abortion Rights
302(7)
E. Limitations on the Right to Choose Motherhood
309(8)
CHAPTER 10
Conclusion
317(10)
Index 327

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