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Unspeakable Subjects: Feminist Essays in Legal and Social Theory


ISBN13: 9781901362343
ISBN: 1901362345
Published: March 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £54.99
Hardback edition , ISBN13 9781901362336



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This text presents a feminist critique of law based on an analysis of the ways in which the structure or method of modern law is gendered. All of the essays in the book engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law, public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics.

The essays in this book reveal the intellectual journey which has led the author to question some of the central assumptions of traditional legal education and scholarship. They also set out a distinctive vision of jurisprudence as a form of critical social theory.

Subjects:
Jurisprudence
Contents:
Introduction to the Essays
PART I: FEMINIST CRITIQUE OF INDIVIDUALISM IN LEGAL AND POLITICAL THOUGHT
1. From Individual to Group? A Feminist Analysis of the Limits of Anti-Discrimination Legislation
2. Theories of Justice and the Welfare State: A Feminist Critique
3. Theory into Practice? Pornography and the Public/Private Dichotomy
4. Unspeakable Subjects, Impossible Rights: Sexuality, Integrity and Criminal Law
5. Community in Legal Theory: Idea, Ideal or Ideology?
PART II: QUESTIONS OF METHOD IN FEMINIST LEGAL THEORY: WITHIN OR BEYOND CRITIQUE?
6. Closure and Critique in Feminist Jurisprudence: Transcending the Dichotomy or a Foot in Both Camps?
7. Feminist Legal Theory Beyond Neutrality
8. Normative Reconstruction in Socio-Legal Theory