Papers of martha albertson fineman documenting her career as a law professor and a leading scholar of feminist legal theory. Professor of law, northwestern university school of law. Martha albertson fineman is one of the leading figures in feminist legal theory today. Martha albertson finemans earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlyi, isbn 9781472421623 buy the vulnerability. Martha albertson fineman emory university school of law.
Feminist legal theory martha albertson fineman, 20 this seminar explores established and emerging feminist critiques of law. Feminist legal theory by martha albertson fineman ssrn. Founding director of the vulnerability and the human condition initiative at emory. Anna marie smith, from paternafare to marriage promotion. Her scholarly interests are the legal regulation of family and intimacy and the legal implications of universal dependency and vulnerability. An internationally recognized law and society scholar, fineman is a leading authority on critical legal theory and feminist jurisprudence. Following graduation from university of chicago law school in 1975, she clerked for the honorable luther m.
At the boundaries of law also raises provocative questions about the methodology and future of feminist legal theory itself. Aspen treatise for introduction to feminist legal theory book summary. Feminist legal theory is the study of the philosophical foundations of law and justice. Martha finemans studies of family law reflected widespread feminist.
Fineman is founder and director of the feminism and legal theory project, which was inaugurated in 1984 at the university of wisconsin. The third innovation is the concept of the reasonable woman, a theoretical construct that has guided decisionmaking in both civil and criminal law. This paper advances the theory of difference through the idea of gendered life. Fineman is founder and director of the feminism and legal theory project, which was inaugurated in 1984 at the university of wisconsin at madison. The first recognizable collective attempt to do asian feminist theology can be traced to the late 1970s, which saw the formation of theological networks and centres that aimed to study the gendered dimension of both theology and society the conference of theologically trained women of asia was founded in january 1981 followed by the womens commission of the ecumenical association. Fineman is also editor and contributor to a dozen collections arising from the flt project, including at the boundaries of law. To these ends, feminist philosophy of law applies insights from feminist epistemology, relational metaphysics and progressive social ontology, feminist political theory, and other developments in feminist philosophy to understand how legal institutions enforce dominant gendered and masculinist norms. First, feminist jurisprudence seeks to explain ways in which the law played a role in womens former subordinate status. Angela harris is a professor of law at the university of california at berkeley. The first two of these, martha fineman s work on family law and catharine mackinnons analysis of the law of rape, address specific gendered legal issues. Activism, lawyering, and legal theory by ann scales. Drawing on legal theory, cultural studies, journalism, political science, sociology, and communications, this book presents a collection of essays that explore how.
Siegel t he abortion right is generally discussed as a negative liberry, a right of privacy. Michael thomson is professor of law at the university of leeds, uk. Pdf at the boundaries of law download ebook for free. Feminists working in law share the convictions that the historical and continuing exclusions of women from the law. Not only has feminist jurisprudence become an integral part of legal theory, but it has. Martha fineman and the feminism and legal theory project vanessa king september 2007 introduction martha albertson fineman is robert w.
Of martha albertson fineman and feminist, liberal, and vulnerable subjects linda c. Feminist legal theory, feminist lawmaking, and the legal profession. Martha fineman vulnerability and the human condition. Second, feminist legal theory is dedicated to changing womens status. A leading authority on family law and feminist jurisprudence, she is the author of what is. Almost two decades ago routledge published the very first anthology in feminist legal theory, at the boundaries of law m. Feminist and queer legal theory martha albertson fineman this anthology focuses on the vigorous and sometimes contentious debates between and among feminist. More specifically, the project addresses the intersection of gender with issues relating to age, race, class, ability, and sexuality.
Woodruff professor of law at emory university school of law. Martha fineman studies new reproductive technologies, disability theory, and sexual and reproductive health. Research handbooks in legal theory series edited by robin west and cynthia g. In 1984 martha fineman founded the feminism and legal theory project at the university of wisconsin law school to explore the relationships between feminist theory, practice, and law, which has been instrumental in the development of feminist legal theory. Mothers in law feminist theory and the legal regulation of motherhood edited by martha albertson fineman and isabel kariin columbia university press new york 3 abortion as a sex equality right. A leading authority on family law and feminist jurisprudence, fineman is the founding director of the feminism and legal theory project, an interdisciplinary scholarly project she began at the university of wisconsin in 1984. Lacey, feminist legal t heory beyond neu trality 1995 482 current legal pr oblems 8. Jul 10, 2012 denial of relevant differences serves as an artificial limit on the feminist project in law. The growing presence of women in the legal profession and the prominence of law as a site of feminist social change make the complex interrelationship between the media, feminism, and the law a critical concern across disciplines. This essay, contributed to a symposium on the work of professor martha albertson fineman, argues that fineman is a truly generative and transformative scholar, spurring people to think in new ways about key terms like dependency, autonomy, and vulnerability and about basic institutions such as the family and the state. Susan stabile, university of saint thomas school of law, writes on catholic social thought within church institutions and as applied to corporate and labor theory. I feel very fortunate and privileged to be able to work with martha and the flt project and im glad.
She founded and directs both the vulnerability and the human condition initiative and the feminism and legal theory project. Munro feminist and queer legal theory by martha albertson fineman et al. Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Martha fineman, more transformative than ever emory law. This essay is the introduction to feminist and queer legal theory. Now, in the completely updated second edition of this outstanding primer, nancy levit and robert r. It also recounts fineman s role in creating spaces. Martha albertson fineman, feminism legal theory, am. Intersectional feminist perspectives on vulnerability and. Bowman the research handbook on feminist jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, postmodern, and prosex and queer feminist legal theories.
Treatises and overviews gender and the law research guide. The leading text in the field, introduction to feminist legal theory was the first book that served as an introductory survey of feminist jurisprudence. It presents a theory of gender and challenges the assertions and assumptions of genderneutrality and objectivi. Feminist legal theory wikipedia republished wiki 2.
The feminism and legal theory project emory university. Vulnerability and social justice by martha albertson fineman. Feminist legal studies, volume 21, issue 3 springer. Drawing on legal theory, cultural studies, journalism, political science, sociology, and communications, this book presents a collection of essays that explore how the media represents and constructs gender, law, and feminism. It also recounts finemans role in creating spaces for. Martha albertson fineman born 1943 is an american jurist, legal theorist and political philosopher. Feminist theory and the legal regulation of motherhood. Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in womens historical subordination. Feminism, media, and the law free pdf, doc, epub, rtf. An internationally recognized law and society scholar, fineman is a leading authority on family law and feminist jurisprudence. She writes in the fields of feminist theory and critical race theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. She generates significant and transformative scholarship, causing people to think in new ways.
Fineman was previously the first holder of the dorothea s. Part 1 queer with or without feminist legal theory queer theory by men, janet halley writing sub nomine ian halley. Twentyfirstcentury legal doctrine shows the influence of feminist inquiry, although the nexus between cause and effect is neither clear nor simple. Reflections on a new ethical foundation for law and politics ebook. Intimate encounters, uncomfortable conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. Uncomfortable conversations, edited by martha albertson fineman, jack e. The first half of the course investigates how evolving feminist concepts of difference and institutional inequality translate into legal formulations. Feminist legal theory feminist legal theory is the study of the philosophical foundations of law and justice.
The feminism and legal theory project flt fosters interdisciplinary examinations of the ways in which the interaction of law and culture shapes expectations, policies, and practices related to gender. These exclusionary consequences of differences led many feminist legal scholars and practitioners to argue for equality in terms of sameness of treatment that assumed no legally relevant differences between men and women. Mossman, feminism and legal method 1986 3 australian journal of law and society at 3052, reprinted in m. Woodruff professor of law at emory university, where she directs the feminism and legal theory project. Feminist legal theory, feminist lawmaking, and the legal. In its rich variety of issues and approaches, this volume will command the interest not only of legal theorists, but of those interested in womens studies, philosophy, politics, sociology and history. Pdf this groundbreaking collection brings together leading contemporary legal theory scholars creating an interdisciplinary dialogue which explores. Siegel t he abortion right is generally discussed as a negative. Feminist theory and law by martha albertson fineman ssrn. Denial of relevant differences serves as an artificial limit on the feminist project in law.
Clarke professorship of feminist jurisprudence at cornell law school and held the maurice t. Feminism and legal theory fineman, martha albertson, thomadsen, nancy sweet on. Feminist philosophy of law stanford encyclopedia of philosophy. Edited by martha albertson fineman and isabel karpin. Woodruff professor of law and founder and director of the feminism and legal theory project flt project. Feminist legal theory, however, was in effect a subfield within feminist. Martha albertson fineman is an internationally recognized law and society scholar and a leading authority on family law and feminist jurisprudence. My name is martha fineman and i have the distinct honor and privilege of presenting to you professor angela harris, who is going to do our keynote address. Since its initial publication in 2006, feminist legal theory. Mcclain introduction martha albertson fineman is a truly generative scholar.
Some feminist contributions to legal theory have yet to be put into practice, but others have gained judicial recognition. Feminism and legal theory routledge 1991, reissued 20, which was the first anthology of feminist legal theory. Martha chamallas, introduction to feminist legal theory 2003. Sexual regulation and welfare reform in feminist and queer legal theory. Woodruff professor of law at emory university and an internationally recognized law and society scholar and a leading authority on family law and feminist jurisprudence. A theory of difference is necessary in order to do more than merely open the doors to institutions designed with men in mind. Feminist legal theory s role in new legal realism, 2005 wis. The politics of custody and the transformation of american custody decision making. Martha fineman the sexual family in feminism and queer legal theory. Intimate encounters, uncomfortable conversations, m. Mar 28, 2019 after this reflection on the contemporary meaning of social justice, i suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term.
This is both because of her commitment to creating and maintaining a platform for feminist and critical legal theory, and because of her groundbreaking work on the regulation of the family as an institution. Jul 28, 20 her scholarship focuses on banking and consumer law, disability rights, and feminist legal theory, with a particular emphasis on the application of catholic social theory. Introduction to feminist legal theory by martha chamallas transcending the boundaries of law by martha albertson fineman sexual orientation and legal rights by alba conte. Fineman, martha albertson, feminist legal theory 2005. Oct 31, 2012 martha albertson fineman is a robert w.
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