Feminist Jurisprudence

2015 ◽  
Author(s):  
Juliet Williams
Keyword(s):  
United States ◽  
Feminist Theory ◽  
Legal Theory ◽  
The United States ◽  
Gender And Sexuality ◽  
Legal Analysis ◽  
Feminist Jurisprudence ◽  
Feminist Legal Theory ◽  
New Directions ◽  
Recent Developments

This chapter explores the contributions of feminist jurisprudence to feminist theory, highlighting several strands of legal analysis that productively challenge feminists more generally to think beyond settled boundaries. The 1980s are remembered as the heyday of feminist jurisprudence in the United States, an impression that rightly acknowledges the vigorous and generative nature of debate in this period but that risks overlooking the significance of more recent developments in feminist legal theory. Focusing on the ideas of intersectionality, gender and sexuality, and masculinities, the chapter demonstrates new directions in feminist legal theory that have emerged in the wake of the sameness/difference debates.

scholarly journals Recovering Socialism for Feminist Legal Theory in the 21 st Century

2017 ◽  
Author(s):  
Cynthia Grant Bowman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Feminist Theory ◽  
Legal Theory ◽  
The United States ◽  
Socialist Feminism ◽  
Women's Equality ◽  
Catharine Mackinnon ◽  
1960S And 1970S ◽  
The 1960S

49 Connecticut Law Review (2016)This Article argues that a significant strand of feminist theory in the1970s and 1980s — socialist feminism — has largely been ignored by feminist jurisprudence in the United States and explores potential contributions to legal theory of recapturing the insights of socialist feminism. It describes both the context out of which that theory grew, in the civil rights, anti-war, and anti-imperialist struggles of the 1960s, and the contents of the theory as developed in the writings of certain authors such as Heidi Hartmann, Zillah Eisenstein, and Iris Young, as well as their predecessors in the U.K., and in the practice of socialist feminist groups in the United States during the same period. Although many American feminist legal theorists themselves participated in or were influenced by the progressive movements of the 1960s and 1970s, socialist feminism is virtually absent from their writings, except for those of Catharine MacKinnon, who, despite sympathy with the approach, disagreed with it and went on to develop her own version of feminist equality theory. The author argues that the time is now ripe to recapture this strand of feminism and explore what it would add to the study and pursuit of women’s equality.

Masculinities Theory as Impetus for Change in Feminism and Law

2021 ◽  
Author(s):  
Ann C. McGinley
Keyword(s):  
United States ◽  
Critical Race Theory ◽  
Feminist Theory ◽  
Queer Theory ◽  
Lived Experiences ◽  
Legal Theory ◽  
The United States ◽  
Race Theory ◽  
Feminist Analysis ◽  
Group A

“Masculinities studies” refers to a body of theory and scholarship by gender experts in various fields of social science that has enriched the feminist analysis of law. In drawing on and incorporating masculinities theories into their work, feminist legal scholars have defined “masculinities” as a structure that gives men as a group power over women as a group, a set of “masculine” practices designed to maintain group power, and the engagement in or “doing” of these masculine practices. Although masculinities studies originated in fields outside law, legal scholars have adopted insights raised by masculinities scholars, combined with those of feminist theory, queer theory, and critical race theory, to develop a legal theory of masculinities that proposes new legal interpretations and policies that better correspond to the lived experiences of persons of different genders, races, and classes. This chapter explores how masculinities research has influenced legal feminism in the United States.

Feminist Legal Theory and Children’s Rights

2020 ◽  
pp. 157-179
Author(s):  
Meredith Johnson Harbach
Keyword(s):  
Legal Theory ◽  
Children's Rights ◽  
Children’S Rights ◽  
Feminist Legal Theory ◽  
New Directions

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.

scholarly journals The War on Sex Offenders: Community Notification in Perspective

2001 ◽  
Vol 34 (3) ◽  
pp. 256-276 ◽  
Author(s):  
Lyn Hinds ◽  
Kathleen Daly
Keyword(s):  
United States ◽  
Sex Offenders ◽  
Sex Offender ◽  
The United States ◽  
Community Notification ◽  
Megan's Law ◽  
The Public ◽  
Public Campaign ◽  
Recent Developments ◽  
Naming And Shaming

This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to introduce “Sarah's Law” has recently been launched in Britain, following the death of eight-year old Sarah Payne. Why are sex offenders, and certain categories of sex offenders, singled out as targets of community notification laws? What explains historical variability in the form that sex offender laws take? We address these questions by reviewing the sexual psychopath laws enacted in the United States in the 1930s and 40s and the sexual predator and community notification laws of the 1990s, comparing recent developments in the United States with those in Britain, Canada, and Australia. We consider arguments by Garland, O'Malley, Pratt, and others on how community notification, and the control of sex offenders more generally, can be explained; and we speculate on the likelihood that Australia will adopt community notification laws.

Christian Doctrine and Free Church Ecclesiology: Recent Developments among Baptists in the Southern United States

Ecclesiology ◽  
2011 ◽  
Vol 7 (2) ◽  
pp. 195-219
Author(s):  
Paul Fiddes
Keyword(s):  
United States ◽  
Southern Baptist ◽  
The United States ◽  
Southern United States ◽  
Recent Book ◽  
Christian Doctrine ◽  
Free Church ◽  
Recent Developments ◽  
Local Manifestation ◽  
The Church

AbstractThe main substance of this article is an extended review of a recent book by a Southern Baptist historical theologian, Malcolm Yarnell, entitled The Formation of Christian Doctrine, which aims to root the development of doctrine in a free-church ecclesiology. This review offers the opportunity to examine a spectrum of ecclesiologies that has recently emerged among Baptists in the Southern region of the United States of America. Four 'conservative' versions of ecclesiology are identified, which are named as 'Landmarkist', 'Reformed', 'Reformed-Ecumenical' and 'Conservative Localist'. Four 'moderate' versions are similarly identified, and named as 'Voluntarist', 'Catholic', 'Moderate Localist' and 'World-Baptist'. While these categories are not intended to be mutually exclusive, the typology is useful both in positioning Yarnell's particular thesis, and in making comparisons with recent Baptist ecclesiology in Great Britain, which has focussed on the concept of covenant. Yarnell's own appeal to covenant is unusual in Southern Baptist thinking, and means that he cannot be easily fitted into the typology suggested. Though he belongs most evidently to the group named here as 'Conservative Localists', and is overtly opposed to any concept of a visible, universal church except in an eschatological sense, it is suggested that his own arguments might be seen as tending towards a more 'universal' view of the reality of the church beyond its local manifestation. His own work thus offers the promise that present polarizations among Baptists in the southern United States might, in time, be overcome.

Identifying New Directions for African Studies: Methodology Report and Survey Results

2002 ◽  
Vol 30 (2) ◽  
pp. 76-88
Author(s):  
Larry W. Bowman ◽  
Diana T. Cohen
Keyword(s):  
United States ◽  
Graduate Students ◽  
The United States ◽  
African Studies ◽  
The Internet ◽  
Coverage Error ◽  
New Directions ◽  
Survey Results

The sample frame was constructed over several months through the combined efforts of three graduate students and Prof. Larry W. Bowman. Using the Internet whenever possible, and backed by the assistance of colleagues from many institutions, we constructed a sample frame of 1,793 U.S.-based Africanists. Our sample frame includes 46 percent more Africanists than the 1,229 individual U.S. members of the African Studies Association (ASA) in 2001 (1,112 individual members and 117 lifetime members). In all cases we allowed institutions to self-define who they considered their African studies faculty to be. By assembling this broad sample frame of African studies faculty, we probe more deeply into the national world of African studies than can be done even through a membership survey of our largest and most established national African studies organization. The sample frame for this study approximates a full enumeration of the Africanist population in the United States. Therefore, data collected from samples drawn from this frame can with some confidence be generalized to all Africanists in the United States, with minimal coverage error.

Where a Subdivision Is Not a “Subdivision”: State Enabling Statutes and the Local Regulation (or Not) of Land Division in the United States

2016 ◽  
Vol 37 (3) ◽  
pp. 286-298 ◽  
Author(s):  
David L. Prytherch
Keyword(s):  
United States ◽  
The United States ◽  
Legal Analysis ◽  
Local Regulation ◽  
American States ◽  
Central Pillar ◽  
Rural Sprawl

Subdivision control has long been a central pillar of planning. Nonetheless, many American states statutorily exempt entire classes of land division from local subdivision control. This legal analysis therefore asks the following: Which land divisions are localities actually enabled by statute to regulate as “subdivisions”? Which are exempted from subdivision control? What are the implications for development and planning, particularly at the exurban fringe? This fifty-state review reveals diverse ways subdivisions are defined and particular divisions—involving no new streets, large parcels, or small numbers of lots—commonly exempted from regulation, and possible consequences for managing rural sprawl.

scholarly journals Los feminismos jurídicos en Argentina. Notas para pensar un campo emergente a partir de la década de 1990

2018 ◽  
Vol 26 (1) ◽  
Author(s):  
Romina Carla Lerussi ◽  
Malena Costa
Keyword(s):  
Legal Theory ◽  
Feminist Jurisprudence ◽  
Feminist Legal Theory ◽  
Legal Studies ◽  
America Latina

Resumen: Nuestra propuesta se inscribe en el campo de los feminismos jurídicos, área que surge en la década del setenta en la academia estadounidense bajo la denominación Feminist Jurisprudence, Feminist Legal Studies o Feminist Legal Theory. En América Latina y El Caribe este área es aún incipiente; encontramos en dicha región una gran cantidad de investigaciones no necesariamente situadas en términos del pensamiento jurídico/legal feminista, pero sí conectadas íntimamente con dicho campo y como parte de las denominadas perspectivas de género en el derecho. En el presente artículo desarrollamos algunas notas para abonar a la reflexión acerca de los feminismos jurídicos en la Argentina con proyección latinoamericana, fundamentalmente a partir de la década de 1990.

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