Feminist Perspectives On Law And Theory (feminist Perspectives On Law Series)

What is the link between the way in which women are viewed as an aberration within law - such that pregnant women initially had to be compared with sick men to claim unfair dismissal - and the view of women as monstrous within philosophy? This book uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions,including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. This collection of essays on feminist legal theory therefore provides an interdisciplinary approach, drawn not only from law and philosophy, but also from cultural and womens studies. Feminism may still be on the margins of both law and philosophy, yet it has the ability to disrupt both. This book moves beyond a feminist critique of existing frameworks to the constructive project of reworking theory from within. It goes beyond debates of traditional jurisprudence to draw its tools from the growing body of work on feminist philosophy - including the writings of Luce Irigaray, Drucilla Cornell and Christine Battersby - which intersect both contemporary continental philosophy and critical legal theory. BOOK COVER......Page 1 TITLE......Page 4 COPYRIGHT......Page 5 Series Editors Preface......Page 6 Contributors......Page 8 Acknowledgments......Page 10 CONTENTS......Page 12 Table of Cases......Page 14 Table of Statutes......Page 16 Table of Abbreviations......Page 18 1 FEMINISM LAW AND THEORY......Page 20 2 THEORY IS A PROCESS NOT AN END A FEMINIST APPROACH TO THE PRACTICE OF THEORY......Page 44 3 AN IMPOSSIBLE GLOBAL JUSTICE DECONSTRUCTION AND TRANSNATIONAL FEMINISM......Page 72 4 THE DECLARATION OF IRIGARAYAN SEXUATE RIGHTS PERFORMATIVITY AND RECOGNITION......Page 90 5 FEMINIST THEORY AND LAW BEYOND THE POSSIBILITIES OF THE PRESENT......Page 108 6 A REFRAIN FEMINIST METAPHYSICS AND LAW......Page 138 7 EQUALITY IN THE LAW AND IRIGARAY’S DIFFERENT UNIVERSALS......Page 154 8 COMMON HUMAN NATURE AN EMPTY CONCEPT......Page 172 9 SEXUAL CITIZENSHIP LAW THEORY AND POLITICS......Page 186 10 ISLAMIC FEMINISM AND THE EXEMPLARY PAST......Page 206 11 JUDGING WOMEN RETHINKING SHAME THROUGH CORPOREALITY......Page 228 Bibliography......Page 248 Index......Page 260 Jurisprudence and Legal Theory BOOK COVER 1 TITLE 4 COPYRIGHT 5 Series Editors Preface 6 Contributors 8 Acknowledgments 10 CONTENTS 12 Table of Cases 14 Table of Statutes 16 Table of Abbreviations 18 1 FEMINISM LAW AND THEORY 20 2 THEORY IS A PROCESS NOT AN END A FEMINIST APPROACH TO THE PRACTICE OF THEORY 44 3 AN IMPOSSIBLE GLOBAL JUSTICE DECONSTRUCTION AND TRANSNATIONAL FEMINISM 72 4 THE DECLARATION OF IRIGARAYAN SEXUATE RIGHTS PERFORMATIVITY AND RECOGNITION 90 5 FEMINIST THEORY AND LAW BEYOND THE POSSIBILITIES OF THE PRESENT 108 6 A REFRAIN FEMINIST METAPHYSICS AND LAW 138 7 EQUALITY IN THE LAW AND IRIGARAY’S DIFFERENT UNIVERSALS 154 8 COMMON HUMAN NATURE AN EMPTY CONCEPT 172 9 SEXUAL CITIZENSHIP LAW THEORY AND POLITICS 186 10 ISLAMIC FEMINISM AND THE EXEMPLARY PAST 206 11 JUDGING WOMEN RETHINKING SHAME THROUGH CORPOREALITY 228 Bibliography 248 Index 260 This text uses the failure of women to fit within male models of both law and theory as a way to rethink legal questions, including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory - as well as issues of class - intersect with feminist theory today. It also raises issues about the relationship between political theory and practice and the productive intersection between debates within law, philosophy and feminism. Uses the failure of women to fit into male models of both law and theory as a way to rethink legal questions, including the meaning of equality, freedom, justice and citizenship. This includes concern about the way in which queer theory and critical race theory intersect with feminist theory today