Legal Feminism: Activism, Lawyering, and Legal Theory

By Ann Scales | Go to book overview

Notes

NOTES TO THE INTRODUCTION

1. See Ann Scales, “Towards a Feminist Jurisprudence,” 56 Indiana Law Journal 375 (1981); “The Emergence of Feminist Jurisprudence,” 95 Yale Law Journal 1373 (1986); “Militarism, Male Dominance, and the Law: Feminist Jurisprudence as Oxymoron?” 12 Harvard Women’s Law Journal 25 (1989). Some dislike the term “jurisprudence” because it sounds haughty or pseudosci- entific. I, too, am critical of scientistic pretense in law (a position developed in chapter 3). I am fond of the term “jurisprudence,” however, for two reasons. First, in my mind, it refers to the legal theory generated by lawyers, as opposed to theories about law emerging from other disciplines. Second, the term makes it possible to refer to those engaged in the enterprise as “jurisprudes,” and that’s fun. In any case, I use the terms “feminist jurisprudence” and “feminist legal theory” interchangeably in this book.

2. See Black’s Law Dictionary (8th ed. 2004) (under category of “juris- prudence,” crediting me with first published use of the term “feminist jurispru- dence”); Patricia A. Cain, “Feminist Jurisprudence: Grounding the Theories,” 4 Berkeley Women’s Law Journal 191, 193 (1989–90) (reporting that I coined the term as a student in 1977, while planning a panel for the celebration of the twenty-fifth class of women to graduate from Harvard Law School); Sheila James Kuehl, “For the Women’s Reach Should Exceed Their Grasp, or How’s a Law Journal to be Born?” 20 Harvard Women’s Law Journal 5, 7 (1997) (same).

3. Martha Chamallas, Introduction to Feminist Legal Theory (New York: Aspen Publishers, 2d ed., 2003).

4. I will refer in this book to most of these variations and achievements, and will offer definitions as needed, but I refer the reader to Professor Chamallas for the basic bibliography.

5. Matthew Brelis, “Law Professor’s Murder Still Unsolved a Year Later, Few Leads in ‘Classic Whodunit,’ ” Boston Globe, April 5, 1992, at 29; Mat- thew Brelis, “An Accomplished Life, A Brutal Death,” Boston Globe, April 14, 1991.

6. Mary Joe Frug, “A Postmodern Feminist Legal Manifesto (An Unfinished

-153-

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Legal Feminism: Activism, Lawyering, and Legal Theory
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • Introduction 1
  • Part I Places of Stuckness - Roles, Rules, Facts, and the Liberal View of Human Nature 15
  • 1 - The Rule of Law 17
  • 2 - Certainty and Doubt 32
  • 3 - Intractable Questions 47
  • 4 - The Limits of Liberalism 63
  • Part II Places beyond Stuckness - Feminist Notions, Controversies, and Promises 81
  • 5 - Feminist Legal Theory 83
  • 6 - Feminist Legal Method 100
  • 7 - False Consciousness 120
  • 8 - The Future of Legal Feminism 137
  • Notes 153
  • Index 209
  • About the Author 219
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