Table of Contents

Preface Acknowledgments Introduction Part I: The Elements of Feminist Legal Theory Introduction 1. Women's Subordination and the Role of Law - Nadine Taub and Elizabeth M. Schneider 2. To Question Everything - Heather Ruth Wishik 3. Where We Stand: Observations on the Situation of Feminist Legal Thought - Clare Dalton 4. The Emergence of Feminist Jurisprudence: An Essay - Anne C. Scales 5. A Lawyer's Primer on Feminist Theory and Tort - Leslie Bender 6. Jurisprudence and Gender - Robin West 7. Conservative Feminism - Richard A Posner Part II: The Equality Debate: Equal Treatment versus Special Treatment Introduction 8. Equality's Riddle: Pregnancy and the Equal Treatment/Special Treatment Debate - Wendy W. Williams 9. The Miller-Wohl Controversy: Equal Treatment, Positive Action and the Meaning of Women's Equality - Linda J. Krieger and Patricia N. Cooney 10. Equality and Difference: The Case of Pregnancy - Herma Hill Kay 11. Transcending Equality Theory: A Way Out of the Maternity and the Workplace Debate - Lucinda M. Finley Part III: New Approaches to Equality and Difference Introduction 12. Prince Charming: Abstract Equality - Mary E. Becker 13. Feminism and the Limits of Equality - Patricia A. Cain 14. Reconstructing Sexual Equality - Christine A. Littleton 15. Strategizing in Equality - Diana Majury 16. Difference and Dominance: On Sex Discrimination - Catharine A. MacKinnon 17. The Anti-Subordination Principle: Applications - Ruth Colker 18. The Supreme Court 1986 Term, Foreword: Justice Engendered - Martha Minow 19. When Difference Hits Its Home: Group Homes for the Mentally Retarded, Equal Protection and Legal Treatment of Difference - Martha Minow Part IV: The Debate over Essentialism: Gender and Race Introduction 20. Feminist Reason: Getting It and Losing It - Martha Minow 21. Race and Essentialism in Feminist Legal Theory - Angela P. Harris 22. Feminist Jurisprudence: Grounding the Theories - Patricia A. Cain 23. Race, Racism, And Feminist Legal Theory - Marlee Kline 24. Demarginalizing the Intersection of Race And Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics - Kimberle Crenshaw Part V: Theories of Law Introduction 25. Toward a Theory of Law and Patriarchy - Janet Rifkin 26. Toward a Theory of Law and Patriarchy - Diane Polan 27. Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence - Catharine A. MacKinnon 28. Feminism, Marxism, Method, and the State: An Agenda for Theory - Catharine A. MacKinnon 29. Feminism and Legal Positivism - Margot Stubbs 30. Liberal Jurisprudence and Abstracted Visions of Human Nature: A Feminist Critique of Rawls' Theory of Justice - Mari J. Matsuda 31. Statutory Rape: A Feminist Critique of Rights Analysis - Frances Olsen 32. Alchemical Notes: Reconstructing Ideals from Deconstructed Rights - Patricia J. Williams 33. The Dialectic of Rights and Politics: Perspectives for the Women's Movement - Elizabeth M. Schneider Part VI: Feminist Legal Methods Introduction 34. Feminism and Legal Method - Mary Jane Mossman 35. Feminist Legal Methods - Katharine T. Barlett 36. Breaking Women's Silence in Law: The Dilemma of the Gendered Nature of Legal Reasoning - Lucinda M. Finley 37. Zig-zag Stitching and the Seamless Web: Thoughts on "Reproduction" and the Law - Marie Ashe 38. On Being the Object of Property - Patricia J. Williams Table of Cases Index Contributors

Promotional Information

Comprehensive discussions of theoretical issues regarding law and gender

About the Author

D. Kelly Weisberg is Professor of Law at Hastings College of the Law in San Francisco. She has published several other books, including Child, Family and State: Cases and Materials on Children and the Law (co-authored with Robert Mnookin).

Reviews

"Every social scientist interested in women's issues needs this invaluable collection."
—Barbara Bergmann

"D. Kelly Weisberg's distinguished volume will provide one-stop shopping for newspaper editors, scholars, political activists, and public officials who want to learn how gender analysis applies to legal thought."
—Barbara J. Nelson, University of Minnesota

"Feminist jurisprudence is the cauldron in which some of the most creative feminist thoughts are brewing. Their release into our sociopolitical environment will bring us somewhat closer to creating a legal system in which the interests of all persons are indeed regarded with equal respect and consideration. Anglo-American law has been in need of a feminist transformation for some time. Weisberg's anthology suggests that the moment of metamorphosis is upon us."
—Rosemarie Tong, Thatcher Professor in Philosophy and Medical Humanities, Davidson College