Applications Of Feminist Legal Theory

PREFACE

PREFACE THIS BOOK is the second of two volumes of collected essays on feminist legal theory. The underlying theme explores the relationship between law, gender, and equality. The book applies notions and theories of equality to contexts of both sexuality (prostitution and pornography) and violence (rape and battering), while recognizing that these contexts are not analytically distinct because male violence against women pervades both. Although issues of sexuality and violence galvanize public and scholarly attention, other important issues emerge on the feminist agenda. For this reason, the book also addresses employment (particularly, the work-family conflict, sex segregation, comparable worth, and sexual harassment) and reproductive freedom and control (abortion, new reproductive technologies, and adoption). The debate over the meaning ofequality is central to feminist legal theory. The first volume of this collection, Feminist Legal Theory: Foundations, explores fundamental theoretical issues ofequality, including the meaning ofequality; different models ofand approaches to equality; the limitations of equality theory, including the difficulty of accommodating differences within equality analysis; the implications of woman's self-definition for women's equality (in terms of race and gender essentialism, for example ); the contribution of feminist methodology; and the relevance ofvarious theories (classic liberalism, Marxism, legal positivism, and critical legal studies, among others ) to the struggle for equality. This second volume continues the exploration of these issues as applied to substantive contexts. It examines, for example, whether specific practices (such as pornography , prostitution, and surrogacy) contribute to women's subordination or, conversely , to their empowerment; whether taking into account women's biological differences (in the contexts ofbattered women, rape, sexual harassment, reprOductive freedom and control) contributes to women's equality or inequality; and whether women's barriers in the workplace stem from biological differences or, conversely, from discrimination. Despite their many differences of opinion, feminist legal theorists are united by a central belief that society is patriarchal, shaped and dominated by men. Thus, feminist Copyrighted Material xi XII I PREFACE legal theory consists, on the one hand, of an analysis and critique of the role of law in perpetuating women's position in patriarchal society. On the other hand, feminist legal theory contains a transformative element in its exploration of methods of eliminating patriarchy. The essays in this volume illustrate these dual objectives. They analyze the nature and extent of women's subordination in various legal contexts. In addition, they criticize existing law with an eye toward effectuating reform to improve women's status. In many areas of the law, as the reader will discover, feminist criticisms have contributed significantly to legal reforms. In other areas, feminist criticisms merely reflect the distance we have yet to travel. A note about editing and style is necessary. The essays herein are edited works. Of necessity, many of these articles have been greatly shortened in both their text and their footnotes. Footnotes have had to be renumbered. Many subheads have been eliminated; paragraphs have occasionally been combined. Because of the editing process, some of the richness of argument and research inevitably is lost. Readers who wish a more in-depth discussion are urged to consult the original works. Further, the footnote style of the articles in this collection by and large reflects the accepted usage of the discipline of the respective authors. While this collection was in process, the style manual for legal scholarship (A Uniform System ofCitation) changed. Largely in response to feminist complaints, the manual now dictates citation of authors by full first names, in order not to camouflage female identity. Nonetheless, since several articles originally appeared prior to that change, the citation style of some articles reflects the earlier accepted usage. The publication of a book is always the product of many individuals. First, I am grateful to the authors of the essays for their significant contributions to this field. Second , I would like to thank several colleagues who gave me such good counsel during the process of bringing this book to fruition-especially Lucinda Finley, Martha Chamallas, Carol Sanger, Pat Cain, andjoe Singer, as well as the anonymous reviewers. I also want to express my gratitude to Michael Ames of Temple University Press for his superb editorial skills, moral support, and good humor throughout this lengthy endeavor . Without his foresight in 1989, perceiving the need for a book in a very young field, this two-volume collection would never have seen the light of day. I also express appreciation to Fran Nowve who accomplished the herculean task of typing the manuscript with good grace and consummate...