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  1. Mujeres, acción y diferencia. Esbozos para un feminismo crítico.Marina Gorali - 2020 - Revista Derechos En Acción - Universidad Nacional de La Plata 15:412.
    ¿Cómo pensar lo femenino? ¿Es posible ubicar allí algo del orden de lo identificable que permita inscribirnos como parte de un conjunto? ¿Cómo tramitar las diferencias? ¿Cómo articular una propuesta de acción que soporte lo inasible de la subjetividad misma? ¿Cómo impulsar las condiciones jurídicas que atribuyan un rol activo al Estado en la protección de los derechos de las mujeres frente a la violencia estructural? ¿Cómo desplazar esta esfera de inscripción moderna de la violencia sacrificial que produce día a (...)
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  2. Gender and the Analytical Jurisprudential Mind.Leslie Green - 2020 - Modern Law Review 83 (4):893-912.
    Because gender norms shape the content and application of the law, feminist scholarship has a lot to contribute to the study of law. Gender is also relevant to several problems in normative jurisprudence, and to some problems in special jurisprudence (the study of concepts in the law). But gender has no relevance to general jurisprudence for there is no sense in which the concept of law is ‘gendered’, and no answer to leading problems in general jurisprudence depends on any thesis (...)
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  3. Is ‘Viability’ Viable? Abortion, Conceptual Confusion and the Law in England and Wales and the United States.Elizabeth Chloe Romanis - 2020 - Journal of Law and the Biosciences 8.
    In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that there is incoherence in (...)
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  4. On Bioethics and the Commodified Body: An Interview with Donna Dickenson.Donna Dickenson & Alana Cattapan - 2016 - Studies in Social Justice 10 (2):342-351.
  5. Victims of Trafficking, Reproductive Rights, and Asylum.Diana Tietjens Meyers - 2016 - Oxford Handbook of Reproductive Ethics.
    My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...)
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  6. Provocative Dress and Sexual Responsibility.Jessica Wolfendale - 2016 - Georgetown Journal of Gender and the Law 17 (2):599-624.
    Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...)
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  7. Compulsory Sterilisation of Transgender People as Gendered Violence.Anna Carastathis - 2015 - In Venetia Kantsa, Lina Papadopoulou & Giulia Zanini (eds.), (In)Fertile Citizens: Anthropological and Legal Challenges of Assisted Reproduction Technologies. Mitilini 811 00, Greece: pp. 79-92.
    Despite a “spatial imaginary” which constructs Europe as a location of sexual and gender freedom (Rao, 2014), presently, twenty countries in Europe require sterilisation in order to legally recognise transgender people’s gender identities, including four of the seven countries in the INFERCIT study: Greece, Italy, Turkey, and Cyprus (but not Spain, which since 2007 does not require sterilisation for gender identity recognition [see Platero, 2008]. In Bulgaria and Lebanon no gender identity recognition for trans people is provided by law; the (...)
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  8. Motivating Questions and Partial Answers: A Response to Prosecuting Domestic Violence by Michelle Madden Dempsey. [REVIEW]Sharon Cowan - 2014 - Criminal Law and Philosophy 8 (3):543-555.
    Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. (...)
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  9. Feminist Prosecutors and Patriarchal States.Kit Kinports - 2014 - Criminal Law and Philosophy 8 (3):529-542.
    In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal (...)
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  10. Women’s Problems as a ‘Women’s Only’ Problem? Debates on Gender and Democracy in Iran.Katajun Amirpur - 2013 - Philosophy and Social Criticism 39 (4-5):407-415.
    In this article I will argue that in the last years the way of thinking about gender has undergone a change. I believe that in the Iranian public discourse, ‘the woman question’ has come to be viewed as part of the question of democracy. This is a recent development; until very recently, women’s legal discrimination was perceived in Iranian discourse as a ‘women’s only’ problem.
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  11. Joan Williams, Legal Pragmatism, and the Injustice of "Work-Family Conflict".Katherine Logan - 2013 - In Graham Hubbs & Douglas Lind (eds.), Pragmatism, Law, and Language. Routledge.
  12. On 'Whites Only' Signs and Racist Hate Speech: Verbal Acts of Racial Discrimination.Mary Kate McGowan - 2012 - In Mary Kate McGowan Ishani Maitra (ed.), Speech and harm: Controversies over Free Speech. Oxford University Press.
  13. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  14. Gender Issues in the Criminal Law.Marcia Baron - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
  15. Editorial Introduction.Brenna Bhandar - 2011 - Feminist Legal Studies 19 (1):1-2.
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  16. Habermas, Feminism, and Law: Beyond Equality and Difference?Sarah Sorial - 2011 - Ratio Juris 24 (1):25-48.
    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 (...)
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  17. Markets and Sexualities: Introduction. [REVIEW]Kate Bedford - 2010 - Feminist Legal Studies 18 (1):25-28.
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  18. Poetic Justice: Why Sex-Slaves Should Be Allowed to Sue Ignorant Clients in Conversion. [REVIEW]Tsachi Keren-Paz - 2010 - Law and Philosophy 29 (3):307-336.
    In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort (...)
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  19. Feminist Philosophy of Law.Patricia Smith - 2010 - Stanford Encyclopedia of Philosophy.
  20. Brenda Cossman, Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging: Stanford University Press, Stanford, CA, 2007, 254 Pp, Price US$50.00 , ISBN: 0804749965. [REVIEW]Jon Binnie - 2009 - Feminist Legal Studies 17 (1):115-119.
  21. Feminism, Religion, and Shared Reasons: A Defense of Exclusive Public Reason.Christie Hartley & Lori Watson - 2009 - Law and Philosophy 28 (5):493 - 536.
    The idea of public reason is central to political liberalism's aim to provide an account of the possibility of a just and stable democratic society comprised of free and equal citizens who nonetheless are deeply divided over fundamental values. This commitment to the idea of public reason reflects the normative core of political liberalism which is rooted in the principle of democratic legitimacy and the idea of reciprocity among citizens. Yet both critics and defenders of political liberalism disagree over whether (...)
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  22. The Classic Social Contractarians: Critical Perspectives From Contemporary Feminist Philosophy and Law.Janice Richardson - 2009 - Ashgate Pub. Company.
    This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, concentrating upon the work of Hobbes, Spinoza ...
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  23. Perfectionism, Feminism and Public Reason.Amy R. Baehr - 2008 - Law and Philosophy 27 (2):193 - 222.
  24. “We Won't Know Who You Are”: Contesting Sex Designations in New York City Birth Certificates.Paisley Currah & Lisa Jean Moore - 2008 - Hypatia 24 (3):113-135.
    This article examines shifts in the legal, medical, and common-sense logics governing the designation of sex on birth certificates issued by the City of New York between 1965 and 2006. In the initial iteration, the stabilization of legal sex categories was organized around the notion of “fraud”; in the most recent iteration, “permanence” became the measure of authenticity. We frame these legal constructions of sex with theories about the “natural attitude” toward gender.
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  25. Reasonable Women in the Law.Susan Dimock - 2008 - Critical Review of International Social and Political Philosophy 11 (2):153-175.
    Standards of reasonableness are pervasive in law. Whether a belief or conduct is reasonable is determined by reference to what a ?reasonable man? similarly situated would have believed or done in similar circumstances. Feminists rightly objected that the ?reasonable man? standard was gender?biased and worked to the detriment of women. Merely replacing the ?reasonable man? with the ?reasonable person? would not be sufficient, furthermore, to right this historic wrong. Rather, in a wide range of cases, feminist theorists and legal practitioners (...)
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  26. The Rights of Others: Aliens, Residents, and Citizens.Amy Allen - 2007 - Hypatia 22 (2):200-204.
  27. Gay Divorce: Thoughts on the Legal Regulation of Marriage.Claudia Card - 2007 - Hypatia 22 (1):24-38.
    Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
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  28. Unity and Diversity in Feminist Legal Theory.Margaret Davies - 2007 - Philosophy Compass 2 (4):650–664.
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  29. Property in the Body: Feminist Perspectives.Donna Dickenson - 2007 - Cambridge University Press.
    New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...)
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  30. “From the Prison of Slavery to the Slavery of Prison”: Angela Y. Davis’s Abolition Democracy.Brady Thomas Heiner - 2007 - Radical Philosophy Today 5:219-227.
    One of the most radical dimensions of Davis’s critique of American democracy is her exposure of the vestiges of slavery that remain in the contemporary criminal justice system. I discuss this aspect of her critical project, its roots in Du Bois’s critique of Black Reconstruction, and the way that it informs her prison abolitionism and her two-pronged program for the formation of a genuine “abolition democracy.” I conclude by reflecting upon Davis’s reticence about abolition as a constructive enterprise and assessing (...)
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  31. Judith Butler: Ethics, Law, Politics.Elena Loizidou - 2007 - Routledge-Cavendish.
    The first to use Judith Butlers work as a reading of how the legal subject is formed, this book traces how Butler comes to the themes of ethics, law and ...
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  32. The Prison Contract and Abolition Democracy.Eduardo Mendieta - 2007 - Radical Philosophy Today 5:209-217.
    This article discusses the fortuitous genesis of the book of my conversations with Angela Y. Davis, Abolition Democracy and traces some of the intellectual and philosophical sources that informed the specific questions and approaches that inform the dialogue. Davis’ relationships to Georg Rusche and Otto Kirchheimer, as well as to Foucault, are discussed. Similarly, Davis’ place within a critical black American political-philosophical tradition is analyzed. The essay focuses mainly, however, on the way in which Davis’ work on the prison industrial (...)
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  33. 13. Abolition Democracy and the Ultimate Carceral Threat.Jeffrey Paris - 2007 - Radical Philosophy Today 2007:237-247.
    The series of conversations between Angela Y. Davis and Eduardo Mendieta entitled Abolition Democracy is a powerful investigation of the failed moral imagination of imperial democracies. After examining their discussion of how truncated political discourses enable abuses in both war and imprisonment, I look to the “exceptional” status of war prisons such as at Guantánamo and Abu Ghraib. I argue that domestic prisons, like international war prisons, are means for the paradigmatic functioning of the exception in modern democracy, as described (...)
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  34. The Uniform Civil Code: The Politics of the Universal in Postcolonial India. [REVIEW]Lakshmi Arya - 2006 - Feminist Legal Studies 14 (3):293-328.
    This article speaks of a debate in contemporary India: that surrounding the validity of enacting a civil code that applies uniformly to all communities and religions in the state. In certain feminist arguments, such a code is seen as possibly providing a sphere of rights to Indian women that is alternative to the rights – or wrongs – given to them by the plural religious laws, which form the basis of the civil law in India. India, however, is a heterogeneous (...)
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  35. Special Issue: Domestic Partnerships: Stretching the Marriage Model? [REVIEW]Anne Bottomley & Simone Wong - 2006 - Feminist Legal Studies 14 (2):141-143.
  36. Contentious Freedom: Sex Work and Social Construction.Susan J. Brison - 2006 - Hypatia 21 (4):192-200.
    In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but it also (...)
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  37. Book Review: Anita Allen. Why Privacy Isn't Everything: Feminist Reflections on Personal Accountability. Lanham, Md.: Rowman & Littlefield, 2003. [REVIEW]Judith Wagner DeCew - 2006 - Hypatia 21 (1):227-231.
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  38. Resemblances of Identity: Ludwig Wittgenstein and Contemporary Feminist Legal Theory.Vanessa E. Munro - 2006 - Res Publica 12 (2):137-162.
    In a context in which there is manifest multiplicity in women’s daily lives, feminists have struggled to identify what it uniquely means to be a woman, without falling prey to charges of essentialism. Conscious, however, of the role which collective gender identity plays in providing coherence and motivation to feminist activity, a number of theorists have sought to find a way to retain group cohesion in the face of internal diversity. In this article, the merits and demerits of pre-existing attempts (...)
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  39. Reproductive Choice: Screening Policy and Access to the Means of Reproduction.Lucinda Vandervort - 2006 - Human Rights Quarterly 28 (2):438-464.
    The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...)
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  40. A Defense of Stiffer Penalties for Hate Crimes.Christopher Heath Wellman - 2006 - Hypatia 21 (2):62-80.
    : After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such.
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  41. The Productive Power of Ambiguity: Rethinking Homosexuality Through the Virtual and Developmental Systems Theory.Ann Burlein - 2005 - Hypatia 20 (1):21-53.
  42. Theorizing Backlash: Philosophical Reflections on the Resistance to Feminism Edited by Anita M. Superson and Ann E. Cudd Studies in Social, Political, and Legal Philosophy Lanham, MD: Rowman & Littlefield, 2002, Xxiii + 269 Pp. [REVIEW]Nadine Faulkner - 2005 - Dialogue 44 (1):201-.
  43. Marx and MacKinnon: The Promise and Periis of Marxism for Feminist Legal Theory.Kate Sutherland - 2005 - Science and Society 69 (1):113 - 132.
    Catherine MacKinnon, perhaps the dominant voice of North American feminist legai theory over the last two decades, developed her feminist theory of law through an extended metaphor with Marxism. Marxist thought thus became thoroughly intertwined with MacKinnon's particular brand of radicai feminism in the minds of many feminist legai scholars and activists. As MacKinnon's work has fallen out of favor in recent years, largely as a result of criticisms leveled against it from postmodern and critical race feminist perspectives, so too (...)
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  44. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  45. Feminism and the Law.Catherine Albertyn - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Kluwer Academic Publishers. pp. 291.
  46. Book Review: Drucilla Cornell. Just Cause: Freedom, Identity, and Rights. New York: Rowman and Littlefield, 2000. [REVIEW]Linda Alcoff - 2004 - Hypatia 19 (3):225-228.
  47. Feminist Jurisprudence.Melissa Burchard - 2004 - Internet Encyclopedia of Philosophy.
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  48. Here Come the Warm Jets: Adventures in Law, Literature and Feminism.Adam Gearey - 2004 - Res Publica 10 (3):275-283.
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  49. Back to Basics in Crime Control: Weaving in Women.Loraine Gelsthorpe - 2004 - Critical Review of International Social and Political Philosophy 7 (2):76-103.
    This essay identifies areas of analysis which David Garland neglects in The Culture of Control. The essential argument being that greater attention to the influence of feminism and the treatment of female offenders and victims would have enriched his interpretation of the culture of control. The essay suggests that the treatment of women in criminal justice matters exemplifies the apparently dualistic and polarised penal policies that Garland describes so well. The recent huge increases in the number of women sentenced to (...)
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  50. A Feminist Liberal Approach to Hate Crime Legislation.Amy R. Baehr - 2003 - Journal of Social Philosophy 34 (1):134–152.
1 — 50 / 94