NCJ Number
175550
Editor(s)
D K Weisberg
Date Published
1996
Length
1197 pages
Annotation
This second of two volumes of collected essays on feminist legal theory explores the relationship between law, gender, and equality.
Abstract
The book applies concepts and theories of equality to contexts of both sexuality (prostitution and pornography) and violence (rape and battering), while recognizing that these contexts are not analytically distinct, because male violence against women pervades both. The essays examine whether specific practices, such as pornography, prostitution, and surrogacy, contribute to women's subordination or, conversely, to their empowerment. They also consider whether taking into account women's biological differences (in the contexts of battered women, rape, sexual harassment, reproductive freedom, and control) contributes to women's equality or inequality. Further, papers discuss whether women's barriers in the workplace stem from biological differences or from discrimination. Despite their many differences of opinion, feminist legal theorists are united by a central belief that society is patriarchal, shaped and dominated by men. Thus, feminist legal theory consists, on the one hand, of an analysis and critique of the role of law in perpetuating women's position in patriarchal society; on the other hand, feminist legal theory contains a transformative element in its exploration of methods of eliminating patriarchy. The essays in this volume illustrate these dual objectives. They analyze the nature and extent of women's subordination in various legal contexts. In addition, they criticize existing law, with an eye toward achieving reform to improve women's status. Table of cases, subject index, and essay notes