301,393 research outputs found

    Taste, Disgust, and Feminist Aesthetics

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    Democracy and Feminism

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    Although feminist legal theory has had an important impact on most areas of legal doctrine and theory over the last two decades, its contribution to the debate over constitutional interpretation has been comparatively small. In this Article, Professor Higgins explores reasons for the limited dialogue between mainstream constitutional theory and feminist theory concerning questions of democracy, constitutionalism, and judicial review. She argues that mainstream constitutional theory tends to take for granted the capacity of the individual to make choices, leaving the social construction of those choices largely unexamined. In contrast, feminist legal theory\u27s emphasis on the importance of constraints on women\u27s choices has led to a neglect of questions of citizenship and sovereignty within a democratic system. By comparing mainstream constitutional theory and feminist theory, Professor Higgins highlights the existing limitations of both. She argues both that mainstream constitutional theory must take into account feminist arguments concerning constraints on individual choice and that feminist theory must take seriously the mainstream debate over democratic legitimacy. Integrating these distinct concerns, she suggests a framework for constitutional interpretation that reflects a feminist conception of citizenship under conditions of inequality

    Feminist Judging Matters: How Feminist Theory and Methods Affect the Process of Judgment

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    The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation\u27s laws. For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women. For still others, it is a philosophy--a system of thought--and a community of belief centering on attaining political, social, and economic equality for women, men, and people of any gender. For us, the editors of Feminist Judgments: Rewritten Opinions of the United States Supreme Court, feminism is all of those things and more. Feminism is both a movement and a mode of inquiry. In its best and most capacious form, feminism embraces justice for all and seeks to ally itself with rights-based movements for people of color, the poor, immigrants, refugees, religious minorities, disabled individuals, LGBTQ+ people, and other historically marginalized groups. This essay presents feminism as the foundation for a developing form of rich, complex, and practical legal scholarship--the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory, a move that made the publication of Feminist Judgments: Rewritten Opinions of the United States Supreme Court an especially fitting topic for the 10th Annual Conference held at the University of Baltimore Center on Applied Feminism. When they write feminist judgments (using feminist perspectives or methods to produce revised versions of actual court opinions), feminist authors translate feminist theory into the language of law practice and judging. Their translations demonstrate the potential for lawyers to incorporate feminist theory and methods into oral and written arguments, for law students to gain deeper insights from and to learn the practical utility of feminist theory, and for judges to recognize how incorporating feminist perspectives may transform the reasoning or outcome of a case without changing the law or the facts of the underlying lawsuit. Finally, this essay uses contemporary examples of feminist judging to illustrate that the gap between feminist theory and judicial decision making is narrowing, a real-world advance that suggests a widening judicial audience for Feminist Judgments

    Legal feminism and insolvency theory: A woman's touch

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    The impact of women’s lives and experiences on the law forms an essential part of the feminist legal movement. This article evaluates the existence of feminist ideologies in a hitherto unexplored area of the law, namely insolvency law and more specifically insolvency theory. Some main ideologies of the feminist movement are identified and contrasted with the views of the main insolvency theories. It aims to establish whether insolvency theories may also be categorised in relation to ideologies expressed in feminist legal theory

    Feminist Ecological Economics

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    Feminist ecological economics links gender and ecological perspectives both theoretically and practically, providing justification and impetus for considering gender, intersectionality, and ecology together in relation to economic activity. Such analysis reveals the material links between biophysical reproduction and social reproduction, and their importance for economies, despite their generally being undercounted and/or externalized. Feminist ecological economics analysis also generates important and timely insights about how economies might be structured differently to prioritize equity, ecological and political sustainability, and interspecies or ecosystemic well-being (Salleh 1997, 2009; Gibson-Graham and Miller 2015).Feminist ecological economics is closely related to ecofeminist economics, which is somewhat more critical since it is built on extensive ecofeminist analysis of the links between feminism and ecology. Both fields problematize and critique economies and economics from intersectional feminist standpoints. These fields are also intertwined with feminist political ecology, postcolonial feminisms, the subsistence approach theory, materialist ecofeminism, Indigenous feminisms, gender and development, feminist commons theory, and feminist degrowth theory (see Mellor 2002; Nixon 2015; Dengler; Akram-Lodhi and Rao; Tsikata and Torvikey; and Agarwal, this volume).This research was supported by the Social Sciences and Humanities Research Council of Canad

    Homeric Studies, Feminism, and Queer Theory: Interpreting Helen and Penelope

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    Nancy Sorkin Rabinowitz and Amy Richlin’s Feminist Theory and the Classics (1993) and Barbara F. McManus’ Classics and Feminism: Gendering the Classics (1997) provided ground-breaking surveys of the feminist revolution in classical studies, and their work leads us to the question of the feminist impact on the study of Homer. In this essay, I review the contributions of feminist scholarship on Homer and explore queer theory as a new heuristic avenue for advancing the feminist interpretation of the Homeric epics. With this approach, I follow upon and revise McManus’ use of the concept of “dual-gendering” (a term that I employ instead of her original “transgendered,” as I explain below) for her feminist analysis of Virgil’s Latin epic, the Aeneid. Her interpretive lens encourages us to look for complexity in epic gender representation and to investigate the ideological functions of this representation; my deployment of queer theory reframes her line of inquiry in terms of the gender normative and deviant and includes in its purview the additional categories of sexuality and power relations. [excerpt

    Revisiting Ruddick: Feminism, pacifism and non-violence

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    This article explores feminist contentions over pacifism and non-violence in the contextof the Greenham Common Peace Camp in the 1980s and later developments offeminist Just War Theory. We argue that Sara Ruddick’s work puts feminist pacifism, its radical feminist critics and feminist just war theory equally into question. Although Ruddick does not resolve the contestations within feminism over peace, violence and the questions of war, she offers a productive way of holding the tension between them. In our judgment, her work is helpful not only for developing a feminist political response to the threats and temptations of violent strategies but also for thinking through the question of the relation between violence and politics as such

    Feminist Legal Scholarship: A History Through the Lens of the California Law Review

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    This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. Among its conclusions, the Essay points out that as feminist scholarship has become more mainstream, its assumptions and methods are less distinct. It observes that even as feminist legal scholarship has generated important, insightful critiques of equality doctrine, it remains committed to the concept of equality, as continually revised and refined. The Essay also highlights the importance of feminist activism and practice in sharpening and refining feminist legal scholarship

    Wittig, Monique

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    Excerpt: Monique Wittig was a novelist, theorist, and feminist activist, known primarily for her fictional works and theorization of feminism from a materialist, lesbian perspective. Wittig was a central figure in the feminist movement in France, and her writings on heterosexuality and the oppression of women have greatly influenced feminist thought and queer theory

    Equitable, Ecological Degrowth: Feminist Contributions

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    This paper uses feminist ecological economics and ecofeminist methodologies and theory to contribute to Degrowth in theory and practice. These feminist contributions involve highlighting unpaid work and ecological services, redistribution, and participatory processes as crucially important in developing the new paradigm and movement for equitable material Degrowth.This research was supported by the Social Sciences and Humanities Research Council of Canad
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