Table Of Content

nt WENDY BROWN & JANET HALLEY, EDITORS LEFT LEGALISM / LEFT CRITIQUE Left Legalism / Left Critique EDITED BY WENDY BROWN AND JANET HALLEY DUKE UNIVERSITY PRESS / DURHAM & LONDON 2002 © 2002 Duke University Press All rights reserved Printed in the United States of America on acid-free paper ~ Designed by Rebecca M. Gimenez Typeset in Sabon by Keystone Typesetting, Inc. Library of Congress Cataloging-in- Publication Data appear on the last printed page of this book. “Sexuality Harassment.” Copyright © 2002 by Janet Halley. “Is Kinship Always Already Heterosexual?” Copyright © 2002 by Judith Butler. CONTENTS Acknowledgments / vii Wendy Brown and Janet Halley Introduction / r Richard T. Ford Beyond “Difference”: A Reluctant Critique of Legal Identity Politics / 38 Janet Halley Sexuality Harassment / 80 Lauren Berlant The Subject of True Feeling: Pain, Privacy, and Politics /1 05 Mark Kelman and Gillian Lester Ideology and Entitlement / 134 Duncan Kennedy The Critique of Rights in Critical Legal Studies /1 78 Judith Butler Is Kinship Always Already Heterosexual? / 229 Michael Warner Beyond Gay Marriage/ 259 Katherine M. Franke Putting Sex to Work / 290 Drucilla Cornell Dismembered Selves and Wandering Wombs / 337 David Kennedy When Renewal Repeats: Thinking against the Box / 373 Wendy Brown Suffering the Paradoxes of Rights / 420 Contributors / 435 Index / 439 ACKNOWLEDGMENTS The making of an anthology, and particularly one that involves the collab- orative authorship of an introduction, is a more labor-intensive and socially extended process than appearances might suggest. We have been fortunate to have superb assistance in this work. For their critical readings of early drafts of the introduction, we are grateful to Judith Butler, Gail Hershatter, David Kennedy, and Duncan Kennedy. We benefited from thoughtful en- gagement with the text at the Jurisdictions Conference at Ohio State Uni- versity in May 2000 and at Cornell University Law School in March 2001. In addition, anonymous readers for the manuscript at Duke University Press offered valuable suggestions for improvement. We are grateful for the research and technical assistance offered by Anne Marie Calareso, Robyn Marasco, and Deeni Stevens. Robyn Marasco also prepared the index. Financial support of the project was generously pro- vided by the Dorothy Redwine Estate, Richard W. Weiland, the Robert E. Paradise Faculty Scholarship for Excellence in Research and Teaching (all of Stanford University), the Harvard Law School, and the Academic Senate Committee on Research of the University of California, Berkeley. For their permission to reprint previously published material, we ac- knowledge the following. Lauren Berlant, “The Subject of True Feeling: Pain, Privacy, and Politics” appeared in a longer version in Cultural Plural- ism, Identity Politics, and the Law (Ann Arbor: University of Michigan Press, 1996). Mark Kelman and Gillian Lester, “Ideology and Entitle- ment,” was originally published in Jumping the Queue: An Inquiry into the Legal Treatment of Students with Learning Disabilities (Cambridge, MA: viii ACKNOWLEDGMENTS Harvard University Press. Copyright © 1997 by the President and Fellows of Harvard College). Duncan Kennedy, “The Critique of Rights in Critical Legal Studies,” is drawn from material that originally appeared in A Cri- tique of Adjudication (fin de siécle) (Cambridge, MA: Harvard University Press. Copyright © 1997 by the President and Fellows of Harvard College). Michael Warner, “Beyond Gay Marriage,” appeared in a longer version in The Trouble with Normal: Sex, Politics, and the Ethics of Queer Life (New York: Simon and Schuster, 1999). Katherine M. Franke, “Putting Sex to Work,” was originally published in the Denver University Law Review 75 (1998). Drucilla Cornell, “Dismembered Selves and Wandering Wombs,” appeared in a longer version in The Imaginary Domain: Abortion, Por- nography, and Sexual Harassment (New York: Routledge, 1995). David Kennedy, “When Renewal Repeats: Thinking against the Box,” appeared in a different version in the New York University Journal of International Law and Politics 32 (2000). Wendy Brown, “Suffering the Paradoxes of Rights,” originally appeared in Constellations 7.2 (2000). Judith Butler, “Is Kinship Always Already Heterosexual?” originally appeared in differences: a journal off eminist cultural studies 13, no. 1 (spring 2002).