Whose Nature? Practical Reason and Patriarchy

My comments on John Finnis\u27s Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality\u27s ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of law to morality. Finally, authoritarianism is of particular concern to feminists because one of the most effective authoritarian systems throughout history has been that of patriarchy. In this comment, I first state what authoritarianism means, particularly in the context of law. I then assert that authoritarianism can and does lead to evil uses of law, and many common jurisprudential arguments are facilitative of authoritarianism. I then argue that some of Finnis\u27s work lends itself to authoritarianism. I do not, however, think that law must of necessity be authoritarian, and I conclude by examining scholarship that I believe exemplifies an anti-authoritarian or humanistic view of law

Rape and Responsibility

I am a lucky survivor of a rape committed by a stranger - lucky , because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn\u27t a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what I wished after I was raped and still wish: Never again, not for any woman. Rape is evil. This article is dedicated to the survivors, in hopes it will help move us toward the day when never again is closer to being a reality

Rape and Responsibility

I am a lucky survivor of a rape committed by a stranger - lucky , because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn\u27t a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what I wished after I was raped and still wish: Never again, not for any woman. Rape is evil. This article is dedicated to the survivors, in hopes it will help move us toward the day when never again is closer to being a reality

Whose Justice? Which Victims?

A Review of George Fletcher, With Justice for Some: Victim\u27s Rights in Criminal Trial