Habermas, Feminism, and Law: Beyond Equality and Difference?

Ratio Juris 24 (1):25-48 (2011)
Abstract
In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so-called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so-called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,357
External links
  • Through your library Configure
    References found in this work BETA

    View all 19 references

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Jennifer A. Parks (2004). Grin and Bare It. Philosophy in the Contemporary World 11 (1):45-53.
    Bettina Schmitz (2008). Balancing Feminism. Proceedings of the Xxii World Congress of Philosophy 25:95-108.
    Analytics

    Monthly downloads

    Added to index

    2011-02-23

    Total downloads

    20 ( #71,667 of 1,088,427 )

    Recent downloads (6 months)

    1 ( #69,601 of 1,088,427 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.