Legal Theory

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Kellye Y Testy - One of the best experts on this subject based on the ideXlab platform.

  • capitalism and freedom for whom feminist Legal Theory and progressive corporate law
    Law and contemporary problems, 2007
    Co-Authors: Kellye Y Testy
    Abstract:

    This article examines how feminist Legal Theory might bolster the progressive corporate law project by providing an enhanced framework for re-envisioning and restructuring the role and place of the modern corporation in society. First, the article presents an overview of the dominant conception of corporate law and the emerging progressive assessments of that narrative. It then offers the lens of feminist Legal Theory as a tool to further analyze corporate law, detailing the central components of feminist analysis and surveying the few feminist inroads made into corporate law and governance. The article's final section argues that a progressive Theory of corporate law must also be a feminist Theory, urges a more explicit alliance between the progressive and feminist corporate law projects, and describes several additional substantive directions that a feminist, progressive view of corporate law should take.

Ben Golder - One of the best experts on this subject based on the ideXlab platform.

  • Rethinking the Subject of Postmodern Feminist Legal Theory: Towards a Feminist Foucaultian Jurisprudence
    2009
    Co-Authors: Ben Golder
    Abstract:

    This article discusses the contemporary problem of postmodern feminist Legal Theory. Through a schematic history of the twin 'subjects' of feminist Legal Theory (the subject of law, i.e. 'woman', and the subject of critique, i.e. 'law'), the article argues that feminist Legal Theory is characterised, even constituted, by successive re-conceptualisations of these two inter-related subjects. The article argues that in order to overcome certain perceived methodological problems inherent in the notion of 'postmodern feminist Legal Theory', further critique and re-conceptualisation of these subjects is called for. The article closes by proposing ways in which a Foucaultian-inspired feminist jurisprudence could contribute to this project.

William J Stuntz - One of the best experts on this subject based on the ideXlab platform.

  • christian Legal Theory
    Harvard Law Review, 2003
    Co-Authors: William J Stuntz
    Abstract:

    This paper is a review of a fine book of essays called Christian Perspectives on Legal Thought (Yale University Press 2001). The book points to an important gap between a society that includes tens of millions of people for whom Christianity defines reality, and a Legal academic world where Christians are few, and most of those few are closeted. That gap sounds large. Yet most of the essays in Christian Perspectives make it seem surprisingly small: By and large, the authors take moderate positions that would find substantial support in secular law reviews. They may be right: Christianity has less to say about law and Legal thought than even its adherents might suppose, and much of what it does have to say is surprisingly conventional. But Christianity is also a deeply subversive faith, and it has some subversive implications for how we think about law. In this review, I focus on two such implications. The first goes to how our Legal system treats the poor. The second bears on what may be the defining feature of contemporary American Legal thought: its arrogance. Notice the implication that is not on this list: moralism, the view that immoral behavior ought to be Legally prohibited. That view turns out to be thoroughly inconsistent with Christianity. It follows that injecting Christian perspectives into Legal Theory might actually make Legal Theory more tolerant not, as is widely feared, less so. The review concludes by considering a different kind of Christian perspective: not how Christianity casts light on the law, but how the law might cast light on Christianity.

Laura A. Rosenbury - One of the best experts on this subject based on the ideXlab platform.

  • Postmodern Feminist Legal Theory: A Contingent, Contextual Account
    2016
    Co-Authors: Laura A. Rosenbury
    Abstract:

    Of all of the existing schools of feminist Legal thought, postmodern feminist Legal Theory is the most difficult to define and categorize. Postmodernism itself is not a fixed concept. Moreover, the various approaches to postmodernism challenge and resist attempts to establish foundational truths or universal meanings. Feminist Legal Theory rooted in postmodernism therefore necessarily eschews stable understandings of feminism, law, and Theory in favor of understandings that are fluid and shifting. If one embraces these principles, any attempt to conceptualize postmodern feminist Legal Theory immediately becomes contingent and contextual, if not also suspect. This Essay nonetheless analyzes the ways that Legal scholars in the United States have developed and deployed postmodern feminist Legal Theory over the past thirty years. In doing so, the Essay provides one approach to postmodern feminist Legal Theory rooted in context and time. The Essay also highlights some of the distinctive aspects of postmodern feminist Legal Theory in this time and location, situating it in relation to other schools of feminist Legal thought. Finally, the Essay emphasizes why these distinctions matter by viewing two areas of feminist law reform through this conceptualization of postmodern feminist Legal Theory.

Margaret Davies - One of the best experts on this subject based on the ideXlab platform.

  • The Ashgate Research Companion to Feminist Legal Theory
    2020
    Co-Authors: Margaret Davies, Vanessa E. Munro
    Abstract:

    Contents: Editors' introduction, Margaret Davies and Vanessa E. Munro Part I Theoretical Questions in Feminist Legal Theory: Contesting the dominant paradigm: feminist critiques of liberal Legalism, Rosemary Hunter Feminism, law and materialism: reclaiming the 'tainted' realm, Joanne Conaghan Freedom, power, and agency in feminist Legal Theory, Nancy J. Hirschmann Law's truths and the truth about law: interdisciplinary refractions, Margaret Davies. Part II Concepts in Feminist Legal Theory: Equality and difference: fertile tensions or fatal contradictions for advancing the interests of disadvantaged women?, Elsje Bonthuys 'What a long, strange trip it's been': feminist and queer travel with sex, gender and sexuality, Sharon Cowan Theorizing race, theorizing racism: new directions in interdisciplinary scholarship, Jennifer C. Nash Feminists rethink multiculturalism: resisting essentialism and cross-cultural hypocrisy, Sarah Song In the name of God? Religion and feminist Legal Theory, Samia Bano. Part III Issues in Feminist Legal Theory: Gender and terrain: feminists theorize citizenship, Margot Young International human rights law: towards rethinking sex/gender dualism, Diane Otto A new frontline for feminism and international humanitarian law, Judith Gardam Violence against women, 'victimhood' and the (neo)liberal state, Vanessa E. Munro The body, bodies, embodiment: feminist Legal engagement with health, Marie Fox and Therese Murphy Motherhood and law: constructing and challenging normativity, Susan B. Boyd Marriage and civil partnership: law's role, feminism's response, Rosemary Auchmuty Gendered power over taxes and budgets, Asa Gunnarsson From women and labour law to putting gender and law to work, Judy Fudge Gender, justice and law in a global market, Ann Stewart Women, migration and the constitutional underpinning of the European Union, Patricia Tuitt Ecofeminism and the environment: international law and climate change, Karen Morrow Index.

  • Unity and Diversity in Feminist Legal Theory
    Philosophy Compass, 2007
    Co-Authors: Margaret Davies
    Abstract:

    Feminist Legal Theory has undergone some significant changes over the past thirty years. This article provides an introductory overview of feminist Legal Theory, from liberal and radical feminism through to postmodernism. It outlines some of the major current issues within feminist Legal thought, notably debates surrounding culture and religion, the relationship of sex and sexuality scholarship to feminist research, and the position of women within transitional societies.