The Long History of Feminist Legal Theory

Author(s):  
Tracy A. Thomas

The conventional idea is that feminist legal theory began in the 1970s, in the second-wave feminist movement. However, the foundations of feminist legal theory were first conceptualized much earlier, in 1848, and developed over the next century and a half through distinct periods of thought. That development began with the establishment of the core theoretical precepts of gender and equality grounded in the comprehensive philosophy of the nineteenth-century’s first women’s rights movement ignited at Seneca Falls. Feminist legal theory was popularized and advanced by the political activism of the women’s suffrage movement, even as suffragists limited the feminist consensus to one based on women’s maternalism. Progressive feminism then expanded the theoretical framework of feminist theory in the early twentieth century, encapsulating ideas of global peace, market work, and sex rights of birth control. In the modern era, legal feminists gravitated back to pragmatic and concrete ideas of formal equality and the associated legalisms of equal rights and equal protection. Yet through each of these periods, the two common imperatives were to place women at the center of analysis and to recognize law as a fundamental agent of change.

Laws ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 16
Author(s):  
Margaret Thornton

This editorial takes the form of a short postscript to a special issue of Laws published in 2019–20. It shows how feminist legal theory (FLT), a corollary of second wave feminism, was initially embraced by law schools but soon subjected to a backlash. FLT was nevertheless able to turn around the negative discourse of post-feminism to show that the “post” can mean not just the end but a new beginning. The Special Issue attests to the resurgence of FLT in the 21st century.


2006 ◽  
Vol 1 (1) ◽  
pp. 73-96
Author(s):  
Gail Cuthbert Brandt ◽  
Naomi Black

Abstract Certain farm women's organizations continue to represent the social feminist tradition of Canadian suffragism and the broader social Catholic feminism still influential elsewhere. Canadian historians have often criticized such groups in contrast with a more aggressive, equal-rights feminism found among urban and rural women in both waves of feminism. We argue that, far from being conservative, groups identified as social feminist serve to integrate farm women into public debates and political action, including feminism. We outline the history of the Cercles de fermières of Québec, founded in 1915, and the French Groupements de vulgarisation-développement agricoles féminins, founded since 1959. A comparison of members with nonmembers in each country and across the group, based on survey data collected in 1989 for 389 cases, suggests that club involvement has counteracted demographic characteristics expected to produce antifeminism. In general, we find less hostility to second-wave feminism than might be expected. Relying mainly on responses to open-ended questions, we argue that, for our subjects, feminism is tempered by distaste for confrontation. Issues supported by the movement for women's liberation are favoured by farm women, but the liberationist style and tactics are eschewed. Those of our respondents identified as feminists express preference for a complementarity modelled on the idealized family.


Author(s):  
Christopher Brooke

This is the first full-scale look at the essential place of Stoicism in the foundations of modern political thought. Spanning the period from Justus Lipsius's Politics in 1589 to Jean-Jacques Rousseau's Emile in 1762, and concentrating on arguments originating from England, France, and the Netherlands, the book considers how political writers of the period engaged with the ideas of the Roman and Greek Stoics that they found in works by Cicero, Seneca, Epictetus, and Marcus Aurelius. The book examines key texts in their historical context, paying special attention to the history of classical scholarship and the historiography of philosophy. The book delves into the persisting tension between Stoicism and the tradition of Augustinian anti-Stoic criticism, which held Stoicism to be a philosophy for the proud who denied their fallen condition. Concentrating on arguments in moral psychology surrounding the foundations of human sociability and self-love, the book details how the engagement with Roman Stoicism shaped early modern political philosophy and offers significant new interpretations of Lipsius and Rousseau together with fresh perspectives on the political thought of Hugo Grotius and Thomas Hobbes. The book shows how the legacy of the Stoics played a vital role in European intellectual life in the early modern era.


Author(s):  
К.А. Панченко

Abstract The article examines the conquest of the County of Tripoli by the Mamelukes in 1289, and the reaction of various Middle Eastern ethnoreligious groups to this event. Along with the Monophysite perspective (the Syriac chronicle of Bar Hebraeus’ Continuator and the work of the Coptic historian Mufaddal ibn Abi-l-Fadail), and the propagandist texts of Muslim Arabic panegyric poets, we will pay special attention to the historical memory of the Orthodox (Melkite) and Maronite communities of northern Lebanon. The contemporary of these events — the Orthodox author Suleiman al-Ashluhi, a native of one of the villages of the Akkar Plateau — laments the fall of Tripoli in his rhymed eulogy. It is noteworthy that this author belongs to the rural Melkite subculture, which — in spite of its conservative character — was capable of producing original literature. Suleiman al-Ashluhi’s work was forsaken by the following generations of Melkites; his poem was only preserved in Maronite manuscripts. Maronite historical memory is just as fragmented. The father of the Modern Era Maronite historiography — Gabriel ibn al-Qilaʿî († 1516) only had fragmentary information on the history of his people in the 13th century: local chronicles and the heroic epos that glorified the Maronite struggle against the Muslim lords that tried to conquer Mount Lebanon. Gabriel’s depiction of the past is not only biased and subject to aims of religious polemics, but also factually inaccurate. Nevertheless, the texts of Suleiman al-Ashluhi and Gabriel ibn al-Qilaʿî give us the opportunity to draw conclusions on the worldview, educational level, political orientation and peculiar traits of the historical memory of various Christian communities of Mount Lebanon.


2009 ◽  
Vol 26 (1) ◽  
pp. 97-99
Author(s):  
Frederick S. Colby

Despite the central importance of festival and devotional piety to premodernMuslims, book-length studies in this field have been relatively rare.Katz’s work, The Birth of the Prophet Muhammad, represents a tour-deforceof critical scholarship that advances the field significantly both throughits engagement with textual sources from the formative period to the presentand through its judicious use of theoretical tools to analyze this material. Asits title suggests, the work strives to explore how Muslims have alternativelypromoted and contested the commemoration of the Prophet’s birth atdifferent points in history, with a particular emphasis on how the devotionalistapproach, which was prominent in the pre-modern era, fell out of favoramong Middle Eastern Sunnis in the late twentieth century. Aimed primarilyat specialists in Middle Eastern and Islamic studies, especially scholarsof history, law, and religion, this work is recommended to anyone interestedin the history of Muslim ritual, the history of devotion to the Prophet, andthe interplay between normative and non-normative forms ofMuslim beliefand practice ...


Author(s):  
Meredith Johnson Harbach

This chapter surveys the field of feminist legal theory (FLT) as a discipline in conversation, and in some ways allied, with children’s rights. After briefly reviewing the development of feminist legal theory, the chapter explores relevant debates among feminists and then discusses several feminist legal critiques and methods of relevance to children’s rights. The chapter ends by considering ways in which feminist legal theory and children’s rights are in conversation and by exploring the potential for newer variants of feminist legal theory to suggest new directions in children’s rights strategies.


2020 ◽  
Vol 61 (1) ◽  
pp. 217-257
Author(s):  
Jan Greitens

AbstractIn the history of economic thought, monetary theories in the Germanspeaking world of the early modern era are considered backward compared to the approaches in other European countries. This backwardness can be illustrated by two authors from the mid-18th century who were not only contemporaries but also successively in the service of Frederick II (“the Great”) of Prussia. The first is Johann Philipp Graumann, one of the 'projectors' of the 18th century. As master of the mints in Prussia, he developed a coin project, where he tried to implement a new monetary standard to promote trade, generate seigniorage income and implement the Prussian coins as a kind of a reserve currency. In his writings, he developed a typical mercantilistic monetary theory with a clear understanding of the mechanism in the balance of payments. But even when he tried to include credit instruments, he did not take banks or broader financial markets into account. The second thinker is Johann Heinrich Gottlob Justi, who took the opposite position concerning the coin project as well as in his theory. He defended a strictly metalistic monetary approach where the value of money is only based on the metal's value. While Graumann rejected the English coin system, Justi recommended its laws for countries without their own mines, because the sovereign should not misuse his right of coinage. For him, the monetary system had tobe reliable and stable to serve trade and economic development.


2020 ◽  
Vol 60 (4) ◽  
pp. 657-669
Author(s):  
Kim Cary Warren

While researching racially segregated education, I came across speeches delivered in the 1940s by two educational leaders—one a black man and the other a Native American man. G. B. Buster, a longtime African American teacher, implored his African American listeners to work with white Americans on enforcing equal rights for all. A few years before Buster delivered his speech, Henry Roe Cloud (Winnebago), a Native American educator, was more critical of white Americans, specifically the federal government, which he blamed for destroying American Indian cultures. At the same time, Roe Cloud praised more recent federal efforts to preserve cultural practices, study traditions before they completely disappeared, and encourage self-government among Native American tribes.


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