Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of co-operative community life, the book presents a vision of law that facilitates rather than frustrates politics, an (...) anlysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision based on the recognition of shared humanity. (shrink)

Diana Tietjens Meyers examines the political underpinnings of psychoanalytic feminism, analyzing the relation between the nature of the self and the structure of good societies. She argues that impartial reason--the approach to moral reflection which has dominated 20th-century Anglo-American philosophy--is inadequate for addressing real world injustices. ____Subjection and Subjectivity__ is central to feminist thought across a wide range of disciplines.

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one (...) is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

"Toward a Feminist Theory of the State" presents Catharine MacKinnon's powerful analysis of politics, sexuality, and the law from the perspective of women.

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

This book reassesses theories of agency and gender identity against the backdrop of changing relations between men and women in contemporary societies.

In this text, the authors examine the relationship between political and feminist theory, characterizing and criticizing liberalism and communitarianism from a feminist perspective.

How is feminism changing the way women and men think, feel, and act? Virginia Held explores how feminist theory is changing contemporary views of moral choice. She proposes a comprehensive philosophy of feminist ethics, arguing persuasively for reconceptualizations of the self of relations between the self and others and of images of birth and death, nurturing and violence. Held shows how social, political, and cultural institutions have traditionally been founded upon masculine ideals of morality. She then identifies a distinct feminist (...) morality that moves beyond culturally embedded notions about motherhood and female emotionality. Examining the effects of this alternative moral and ethical system on changing social values, Held discusses its far-reaching implications for altering standards of freedom, democracy, equality, and personal development. Ultimately, she concludes, the culture of feminism could provide a fresh perspective on--even solutions to--contemporary social problems. Feminist Morality makes a vital contribution to the ongoing debate in feminist theory on the importance of motherhood. For philosophers and other readers outside feminist theory, it offers a feminist moral and social critique in clear and accessible terms. (shrink)

A new emphasis on diversity and difference is displacing older myths of nation or community. A new attention to gender, race, language or religion is disrupting earlier preoccupations with class. But the welcome extended to heterogeneity can bring with it a disturbing fragmentation and closure. Can we develop a vision of democracy through difference: a politics that neither denies group identities nor capitulates to them? In this volume, Anne Phillips develops the feminist challenge to exclusionary versions of democracy, citizenship and (...) equality. Relating this to the crisis in socialist theory, the growing unease with the pretensions of Enlightenment rationality, and the recent recuperation of liberal democracy as the only viable politics, she builds on debates within feminism to address general questions of difference. When democracies try to wish away group difference and inequality, they fail to meet their egalitarian promise. When yearnings towards an undifferentiated unity become the basis for radical politics and change, too many groups drop out of the picture. Through her critical discussions of recent feminist and socialist theory Anne Phillips rejects this democracy of denial. She also warns, however, of the dangers on the other side. The simpler celebrations of diversity risk freezing group differences as they are, encouraging a patchwork of local identities from which people can speak only to themselves. Her arguments then combine in a powerful restatement of the case for a more active and participatory democracy. It is only through enhanced communication and discussion that people can respect and learn from their differences. (shrink)

This is a new revised version of Dr. Laslett's standard edition of Two Treatises. First published in 1960, and based on an analysis of the whole body of Locke's publications, writings, and papers. The Introduction and text have been revised to incorporate references to recent scholarship since the second edition and the bibliography has been updated.

This volume brings together for the first time the highly influential essays, many of them classics, of one of the most prominent scholars in social philosophy and feminist theory. These essays provide a compelling view of many of the major trends in social theory over the past fifteen years—trends that Linda Nicholson herself helped to shape. The Play of Reason examines the legacies of modernity in contemporary political, social, and feminist thought and the unraveling of these legacies in postmodern times. (...) Linda Nicholson first focuses on the tension in modern social theory between attempts to recognize change and diversity and struggles to capture such change in overarching frameworks of meaning and value. She illuminates the consequences of these conflicting tendencies in relation to Marxism, feminist theory, and classical liberal accounts of the family and the state. Nicholson then asks how theory and the resolution of difference are possible after such overarching frameworks are abandoned. She shows how a pragmatic understanding of theory answers widespread fears about relativism. The Play of Reason is a powerful demonstration of a politically engaged social theory. (shrink)

Author very well known - leading writer on women and law provides major new critique of law in controversial areas such as rape, pornography, child custody 2 way promotion - criminology, women's studies.

Jacques Lacan is known as 'the French Freud' and is the key figure of postmodern psychoanalysis.

This new edition of Genevieve Lloyd's classic study of the maleness of reason in philosophy contains a new introduction and bibilographical essay assessing the ..

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...) the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. (shrink)

What remains as an ongoing project, Weeks contends, is creating a theory of the constitution of subjects to account for the processes of social construction. This book presents one such account.

This unique volume presents a debate between four of the top feminist theorists in the US today, discussing the key questions facing contemporary feminist theory, responding to each other, and distinguishing their views from others.

Deconstruction both by its friends and enemies has come to be associated with a set of cliches that completely misunderstands its ethical aspiration. It is particularly within the field of law that we can see the ethical force of deconstruction, and also illuminate its concrete and practical importance. In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow (...) us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell explores the ethical and juridical significance of the so-called postmodern rebellion against metaphysics. A shared ethical rebellion links philosophers as different as Theodor Adorno, Jacques Derrida, Jacques Lacan, and Emmanuel Levinas. Together they present a new ethical configuration, new in its difference from both the critical social theory of J$u$urgen Habermas and the analytic jurisprudence of Nagel and Rawls. A key aspect of this newness is the centrality given to the relationship between questions of ethics and sexual difference. Cornell argues that the appeal of Lacan's analysis to feminists is that it helps to explain the profound hold the gender hierarchy has over Western culture, including its theories of political transformation. Under a Lacanian analysis the law of gender identity will be replicated in the laws of an existing legal system. This means that we cannot hope to sustain legal reforms unless the gender hierarchy is challenged. Cornell examines Derrida's position on the significance of the gender hierarchy in philosophy and explores its ethical and political importance. Derrida's intervention against legal positivism has important implications for the legal reforms necessary to protect marginalized groups. His emphasis on the limit, she argues, is crucial to thosewhose well-being and very lives may depend on legal transformation, women and homosexuals, for example. In an important contribution to legal philosophy, Cornell explores the affinities of Derrida's writings with recent liberal analytic jurisprudence. She also explores the differences. Comparing Rawls's and Derrida's accounts of justice, she argues that Derrida gives greater attention to the necessary utopian moment in his insistence on maintaining the divide between law, established norms, and justice. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both critical social theory and analytic jurisprudence. As we watch the long-fought-for civil rights of women systematically overturned, we have reason to think about how the connections she makes shed light on an underlying truth of our social, political, and legal reality. (shrink)

The question about ‘identity’ under consideration in this paper is different from the one discussed in some of the other papers—for instance by Geoffrey Madell and Lars Herzberg. That question arises from the fact that human beings change in appearance and behaviour in the course of their life. By and large we have no trouble in recognizing them but we may wonder what it is that remains the same in them or about them so that we recognize them, address them (...) by the same name, respond to them as to someone we know. What is it for a person to be the same person through these changes? By virtue of what do we call them by the same name? (shrink)

Discusses the political implications of reproduction, examines feminist and traditional masculine theories, and suggests a reformed interpretation of Marxist principles.

This book offers a systematic attempt to explore the point of convergance between feminist theory and the work of Michel Foucault.

Cornell takes readers on a highly original exploration of what it would mean for women politically, legally, and culturally, if they took the ideal of freedom seriously--if, in her words, they learn to recognize that "hearts starve as well as bodies". Challenging, passionate, and powerfully argued, Cornell's book is certain to have a major impact on the course of feminist thought.

This book marks a new and significant contribution to the debates surrounding the whole nature of care and citizenship. A new political concept of an ethics of care that will integrate themes from feminist ethics and gender theories is proposed.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

In this book Barbara Marshall argues that the debates around both modernity and postmodernity neglect the role of women and significance of gender in the formation of contemporary societies.