Legal Feminism: Activism, Lawyering, and Legal Theory

230 Pages·2006·0.52 MB·English

by  Ann Scales

Legal Feminism
This page intentionally left blank
Legal Feminism
Activism, Lawyering, and
Legal Theory
Ann Scales
a
NEW YORK UNIVERSITY PRESS
New York and London
new york university press
New York and London
www.nyupress.org
©2006by New York University
All rights reserved
Library of Congress Cataloging-in-Publication Data
Scales, Ann.
Legal feminism : activism, lawyering, and legal theory / Ann Scales.
p. cm.
Includes bibliographical references and index.
ISBN-13:978-0-8147-9845-4(cloth : alk. paper)
ISBN-10:0-8147-9845-4(cloth : alk. paper)
1. Feminist jurisprudence. 2. Sex and law. 3. Feminist
jurisprudence—United States. 4. Women—Legal status, laws,
etc.—United States. I. Title.
K349.S2962006
340'.115082—dc22 2005037590
New York University Press books are printed on acid-free paper,
and their binding materials are chosen for strength and durability.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
In memory of Elizabeth Randel Scales, 1918–1992
This page intentionally left blank
Contents
Acknowledgments ix
Introduction 1
I Places of Stuckness: Roles, Rules, Facts, and
the Liberal View of Human Nature
1 The Rule of Law 17
2 Certainty and Doubt 32
3 Intractable Questions 47
4 The Limits of Liberalism 63
II Places beyond Stuckness: Feminist Notions,
Controversies, and Promises
5 Feminist Legal Theory 83
6 Feminist Legal Method 100
7 False Consciousness 120
8 The Future of Legal Feminism 137
Notes 153
Index 209
About the Author 219
vii
This page intentionally left blank
Acknowledgments
Many people have helped in many ways with this book.
Judge Robert Henry of the United States Court of Appeals for the Tenth
Circuit instigated the project and encouraged me to reach out to judges.
The University of Denver College of Law provided summer research
support that made it possible to do this, rather than other work.
Diane Burkhardt and the staff of the University of Denver College of
Law library have been wonderfully responsive, thorough, and prompt.
The same is true of my research assistants, Matthew Linton, Dara Lum,
Lukas Staks, and Keelin Griffin. The students in my Advanced Jurispru-
dence seminar in the spring of 2005 read an earlier draft, commented
extensively, and identified exemplars of the ideas I address. My friend
and former colleague Jane Caputi read an earlier draft, and provided
invaluable insight about what nonlawyers needed to benefit from this
book. My editor, Deborah Gershenowitz, kept me on track and pro-
vided cheerful confidence that I could not have mustered on my own.
Finally, Laura Spitz has been tirelessly generous in the editing of the text
and discussion of the ideas. Thanks to all of you. Errors and misjudg-
ments are my own.
ix