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Feminist Jurisprudence

In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 290–298 (1996)

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  1. 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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  • When may we kill government agents? In defense of moral parity.Jason Brennan - 2016 - Social Philosophy and Policy 32 (2):40-61.
    :This essay argues for what may be called the parity thesis: Whenever it would be morally permissible to kill a civilian in self-defense or in defense of others against that civilian's unjust acts, it would also be permissible to kill government officials, including police officers, prison officers, generals, lawmakers, and even chief executives. I argue that in realistic circumstances, violent resistance to state injustice is permissible, even and perhaps especially in reasonably just democratic regimes. When civilians see officials about to (...)
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  • Conservatism, Feminism, and Elizabeth Fox-Genovese.Amy R. Baehr - 2009 - Hypatia 24 (2):101 - 124.
    This paper is a philosophical reconstruction of Elizabeth Fox-Genovese's thinking about women and feminism, and an inquiry into whether there is a conservative form of feminism. The paper argues that Fox-Genovese's endorsement of conventional social forms (like traditional marriage, motherhood, and sexual morality) contrasts strongly with feminism's criticism of these forms, and feminism's claim that they should be transformed. The paper concludes, however, that one need not call Fox-Genovese's thought "feminist" to recognize it as serious advocacy on behalf of women (...)
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  • Feminist reformulations of human rights.Milene Consenso Tonetto - 2019 - Human Affairs 29 (3):311-327.
    For feminist philosophers it is important to consider how the language of human rights can be used to support women’s issues and how well it is established in political institutions. However, they suggest that human rights should be reformulated and supplemented with other ethical frameworks to ensure that injustices to women are not neglected. The aim of this paper is to argue that Nussbaum’s capability approach can take into account feminists’ insights into rationality, care and context to reform and to (...)
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