|
|
 |
FEMINIST LEGAL THEORY SEMINAR |
|
Syllabus |
|
|
|
PDF
Version; WordPerfect
Version; MS Word
Version |
|
I. Course
Description. Feminist legal theory is one of the most important
movements in legal scholarship today. Following the birth of the
women's movement in the late 1960's and early 1970's, feminist
litigators and scholars became interested in the application of
legal doctrine to issues affecting women. The field of feminist
legal theory was formulated in the early 1980's when feminist
law professors broadened the scope of courses that were formerly
called "Women and the Law," and "Sex-Based
Discrimination."
Feminist legal theory is an analysis and
critique of women's position in patriarchal society (i.e., an
examination of the nature and extent of women's subordination).
Feminist legal theory essentially has two elements. The first is
an exploration and critique of theoretical issues about the
interaction between law and gender. The second is the
application of a feminist perspective to areas of law such as
reproduction, battering, pornography, prostitution, rape,
employment. The theme of the course is the relationship between
law, gender, and equality. |
|
|
II.
Required Texts. Two paperback texts will be required for the
seminar. These include:
D. Kelly Weisberg, ed., Feminist Legal Theory: Foundations
(Temple University Press, 1990), and D. Kelly Weisberg, ed.,
Applications of Feminist Legal Theory to Women's Lives: Sex,
Violence, Work, and Reproduction (Temple University Press,
1995). Both texts are collections of essays on feminist legal
theory. Readings will be approximately 50-60 pages per week.
The first text explores fundamental
theoretical issues of equality, including the meaning of
equality, different models of equality, the limitations of
equality theory, the implications of woman's self-definition for
equality; the contribution of feminist methodology; and the
relevance of various theoretical frameworks (liberal feminist,
radical feminism, socialist feminist, etc.).
The second volume applies the aforementioned theoretical issues
to substantive contexts.
For example, it explores whether specific practices
(pornography, prostitution, surrogacy, motherhood) contribute to
women's subordination or to women's empowerment; whether taking
into account women's biological differences (in the contexts of
battering, rape, sexual harassment, reproductive control)
contributes to women's equality or inequality; and whether
women's barriers in the workplace stem from biological
differences or from discrimination. |
|
|
|
III. Class
Instruction. The seminar will have three components: (1) class
discussion of reading assignments; (2) independent research of a
topic selected by the student (in consultation with the
instructor); and (3) preparation of a paper on the chosen topic
(in consultation with the instructor). A precis (or focus
statement) of the seminar paper (7 pg, including bibliography)
is due in my faculty mailbox on Mon., Sept. 23, 2002 by
4PM. Final papers are due on Mon., Dec. 3, 2002 by 4 PM. Please
note that all late papers will be down-graded by one letter
grade. |
|
|
|
Week
#1 |
|
Introduction
to Feminist Legal Theory Required Reading:
1. Taub & Schneider, Women's Subordination and the Role
of Law, pp 9-21 (Foundations, v.1);
2. Wishik, To Question Everything, pp. 22-31 (Foundations, v.
1);
3. Dalton, Where We Stand: Observations on the Situation of
Feminist Legal Thought, pp. 32- 39 (Foundations, v. 1);
4. Bender, A Lawyer's Primer on Feminist Theory and Tort, pp.
58-74 (Foundations, v. 1);
5. Robin West, Jurisprudence and Gender, pp. 75-98 (Foundations,
v. 1). |
|
|
|
Week
#2 |
|
Equality
Theory and Its Limitations Required Reading:
1. Becker, Prince Charming: Abstract Equality, pp. 221-236
(Foundations, v. 1);
2. Cain, Feminism and the Limits of Equality, 237-247
(Foundations, v. 1);
3. MacKinnon, Difference and Dominance: On Sex Discrimination,
pp. 276-287 (Foundations, v. 1)
4. MacKinnon, Feminism, Marxism, Method and the State: An Agenda
for Theory, pp. 437-453 (Foundations, v. 1);
5. Colker, The Anti-Subordination Principle, pp. 288-300 (Foundations, v. 1). |
|
|
|
Week
#3 |
|
Equal
Treatment versus Special Treatment Required Reading:
1. Williams, Equality's Riddle, pp. 128-155 (Foundations, v. 1);
2. Krieger & Cooney, pp. 156-179 (Foundations, v. 1);
3. Kay, Equality and Difference, pp. 180-189 (Foundations, v.
1);
4. Finley, Transcending Equality Theory, pp. 190-207 (Foundations, v. 1). |
|
|
|
Week
#4 |
|
Essentialism:
Gender and Race Required Reading:
1. Minow, Feminist Reason, pp. 339-347 (Foundations, v. 1);
2. Harris, Race and Essentialism in Feminist Legal Theory, pp.
348-358 (Foundations, v. 1);
3. Cain, Feminist Jurisprudence: Grounding the Theories, pp.
359-370 (Foundations, v.1);
4. Kline, Race, Racism, and Feminist Legal Theory, pp. 371-382
(Foundations, v. 1);
5. Crenshaw, Demarginalizing the Intersection of Race and Sex,
pp. 383-395 (Foundations, v.1). |
|
|
|
Week 5 |
|
Theories
of Law Required Reading:
1. Rifkin, Toward a Theory of Law and Patriarchy, pp. 412-418
(Foundations, v. 1);
2. Polan, Toward a Theory of Law and Patriarchy, pp. 419-426
(Foundations, v.1);
3. MacKinnon, Feminism, Marxism, Method, and the State, pp.
427-436 (Foundations, v.1);
4. Olsen, Statutory Rape: A Feminist Critique of Rights
Analysis, pp. 485-495 (v.1);
5. Schneider, The Dialectic of Rights and Politics, pp. 507-526
(Foundations, v. 1). |
|
|
|
Week
#6 |
|
Feminist
Legal Methods Required Reading:
1. Mossman, Feminism and Legal Method, pp. 539-549 (Foundations,
v.1);
2. Bartlett, Feminist Legal Methods, pp. 550-570 (Foundations,
v.1);
3. Finley, Breaking Women's Silence in Law, pp. 571-582
(Foundations, v.1);
4. Ashe, Zig-zag Stitching and the Seamless Web, pp. 582-593
(Foundations, v.1);
5. Williams, On Being the Object of Property, pp. 594-602
(Foundations, v. 1). |
|
|
|
Week 7 |
|
Pornography
Required Reading:
1. MacKinnon, Not a Moral Issue, pp. 37-58 (Applications, v. 2);
2. American Booksellers Ass'n v. Hudnut, pp 104-109
(Applications, v. 2);
3. Butler v. The Queen, pp. 110-117 (Applications, v. 2);
4. Emerson, Pornography and the 1st Amendment: A Reply to
Professor MacKinnon, pp. 80-86 (Applications, v. 2);
5. Strossen, A Feminist Critique of "The" Feminist
Critique of Pornography, pp. 131-149 (Applications, v. 2);
6. West, The Difference in Women's Hedonic Lives, pp. 162-183
(Applications, v.2). |
|
|
|
Week 8 |
|
Prostitution
Required Reading:
1. Walkowitz, Male Vice and Female Virtue, pp. 199-207
(Applications, v.2);
2. Ericsson, Charges Against Prostitution, pp. 208-216
(Applications, v.2);
3. Pateman, Defending Prostitution: Charges Against Ericsson,
pp. 217-221 (Applications, v.2);
4. MacKinnon, Prostitution and Civil Rights, pp. 222-236
(Applications, v.2);
5. Freeman, The Feminist Debate over Prostitution Reform, pp.
237-249 (Applications, v. 2).
6. Baldwin, Split at the Root: Prostitution and Feminist
Discourses of Law Reform, pp. 261-271(v. 2). |
|
|
|
Week 9 |
|
Battered
Women Required Reading:
1. Schechter: The Roots of the Battered Women's Movement, pp.
296-305 (Applications, v.2);
2. State v. Wanrow, pp. 306-310 (Applications, v.2);
3. Schneider, Describing and Changing: Women's Self Defense
Work, pp. 311-326 (v. 2);
4. Mahoney, Legal Images of Battered Women, pp. 341-362
(Applications, v. 2);
5. Crenshaw, Violence Against Women of Color, pp. 363-377
(Applications, v.2);
6. Robson, Lavender Bruises: Intra-Lesbian Violence, pp. 378-387
(Applications, v. 2) |
|
|
|
Week
10 |
|
Rape
Required Reading:
1. Griffin, Rape: The All-American Crime, pp. 422-430
(Applications, v.2);
2. Estrich, Rape, pp. 431-454 (Applications, v. 2);
3. Michael M. v. Superior Court, pp. 455-459 (Applications, v.
2);
4. MacKinnon, Rape: On Coercion and Consent, pp. 471-483
(Applications, v.2);
5. Pineau, Date Rape, pp. 484-494 (Applications, v. 2);
6. Wriggens, Rape, Racism and Law, pp. 495-510 (Applications, v.
2) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
