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

2017 ◽  
Author(s):  
Cynthia Grant Bowman

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.

Author(s):  
Mario T. García

The Chicano movement was the largest and most widespread civil rights and empowerment movement by people of Mexican descent in the United States. As part of the 1960s and 1970s social movements, the movement made Chicanos and other Latinos national political actors and laid the foundation for contemporary Latino political power in the 21st century. It assured that the old America would no longer survive. Chicanos and other minorities were the future and still are the future.


Author(s):  
David R. Maciel ◽  

In the decade of the 1960s and 1970s, a trascendental social movement –which was known as the Chicano Movement for Civil Rights– took place in the United States. One of its major achievements was a cultural flowering that encompassed all the art forms and practices. Among them, one of single importance is the documentary film. This article presents an overview of the origins, first steps and current developments of the Chicana/o documentary cinema. Such films address a multitude of topics and combine highly artistic value with a definite political message. In addition, the Chicana/o documentary is an outstanding and highly informative mirror into Chicano experience. Since its inception to the present, over 100 documentaries have been produced and exhibited in the US, yet they have not been well-distributed in the Spanish-speaking world.


Author(s):  
Mike Nellis

Since its operational beginnings in the United States in 1982—where its prototypes were first experimented with in the 1960s and 1970s—the electronic monitoring (EM) of offenders has spread to approximately 40 countries around the world, ostensibly—but not often effectively—to reduce the use of imprisonment by making bail, community supervision, and release from prison more controlling than they have hitherto been. No single authority monitors the development of EM around the world, and it is difficult to gain fully comprehensive accounts of what is happening outside the Western and Anglophone users of it. Some countries are secretive. Standpoints in writing on EM are varied and partisan. Although it still tends to be the pacesetter of technical innovation, the United States remains a relatively lower user of EM, in part because the exceptional punitiveness of its penal culture has inhibited its expansion, even when it has itself been developed in various punitive ways. Interprofessional and intergovernmental processes of “policy transfer” have contributed to EMs spreading around the world, but the commercial bodies that manufacture and market EM equipment have been of at least equal importance. In Europe, the Confederation of European Probation (CEP), a transnational probation advocacy organization, took an early interest in EM, and its regular conferences became a touchstone of international debate. As it developed globally, the United Nations reluctantly accepted that it may be of some value even in developing countries and set out standards for its use. Continuing innovations in EM technology will create new possibilities for offender supervision, both more and less punitive, but it is always culture, commerce, and politics in particular jurisdictions which shape the scale, pace, and form of its development.


Author(s):  
Natsu Taylor Saito

In the 1960s, global decolonization and the civil rights movement inspired hope for structural change in the United States, but more than fifty years later, racial disparities in income and wealth, education, employment, health, housing, and incarceration remain entrenched. In addition, we have seen a resurgence of overt White supremacy following the election of President Trump. This chapter considers the potential of movements like Black Lives Matter and the Standing Rock water protectors in light of the experiences of the Black Panther Party, the American Indian Movement, and other efforts at community empowerment in the “long sixties.”


Author(s):  
Dominic Standish

Rodney Marsh is a British footballer who found his sporting success in his home country and the United States in the 1960s and 1970s. This chapter frames Marsh as a maverick, as a result of his drinking, womanizing, gambling, but also his blatant disregard for the rules of the game and society. Largely based on Marsh’s own words, from interviews and his autobiography, the chapter examines the ways Marsh was understood as a maverick in the sport of football.


Author(s):  
Pamela E. Pennock

As we approach the third decade of the twenty-first century, the United States continues to wrestle with defining its role in Middle East conflicts and fully accepting and fairly treating Arab and Muslim Americans. In this contentious and often ill-informed climate, it is crucial to appreciate the struggles, priorities, and accomplishments of Arab Americans over the past several decades, both what has set them apart and what has integrated them into the politics and culture of the United States. Arab American organizing in the environment of minority rights movements in the 1960s and 1970s fostered a heightened consciousness of and pride in Arab American identity....


Author(s):  
Martha Minow

Usually left out of discussions of school desegregation, the historic treatments of American Indians and Native Hawai’ians in the development of schooling in the United States was a corollary of conquest and colonialism. As late as the 1950s, forced assimilation and eradication of indigenous cultures pervaded what was considered the “education” of students in these groups. The social, political, and legal civil rights initiatives surrounding Brown helped to inspire a rights consciousness among Indian and Native Hawai’ian reformers and activists, who embraced the ideal of equal opportunity while reclaiming cultural traditions. Between the 1960s and 2007, complex fights over ethnic classification, separation, integration, and self-determination emerged for both American Indians and Native Hawai’ians. Their struggles, crucial in themselves, also bring to the fore a challenging underlying problem: are distinct individuals or groups the proper unit of analysis and protection in the pursuit of equality? The centrality of the individual to law and culture in the United States tends to mute this question. Yet in this country as well as elsewhere, equal treatment or equal opportunity has two faces: promoting individual development and liberty, regardless of race, culture, religion, gender, or other group-based characteristic, and protection for groups that afford their members meaning and identity. Nowhere is the tension between these two alternatives more apparent than in schooling, which involves socialization of each new generation in the values and expectations of their elders. Will that socialization direct each individual to a common world focused on the academic and social mobility of distinct individuals or will it inculcate traditions and values associated with particular groups? Even in the United States, devoted to inclusive individualism, the Supreme Court rejected a statute requiring students to attend schools run by the government and created exemptions from compulsory school fines when they burdened a group’s practices and hopes for their children. In Pierce v. Society of Sisters, the Court respected the rights of parents to select private schooling in order to inculcate a religious identity or other “additional obligations.”


2020 ◽  
pp. 370-382
Author(s):  
Michael Goldfield

The conclusion looks at the implications of the failure to organize southern workers for the United States today and asks how successful southern organizing might have led to different outcomes. Foremost is the possibility that the civil rights movement of the 1950s, 1960s, and 1970s would have been much more powerful if more white working-class support had been enlisted. This possibility, which the book asserts was real, had the potential to make the contemporary social and political landscape of the United States vastly different.


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