Feminist Jurisprudence

This seminar examines the development of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It also includes some consideration of global feminism. The seminar takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between social movements for equality and the development of feminist legal theory. Students will gain familiarity with the relationship between feminist jurisprudence and other forms of critical theory, such as masculinities theory, Queer Theory, and transgender theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories, in view of differences based on class, ethnicity, race, gender identity, and sexual orientation and in view of critiques of identity categories. Topics covered vary, depending on student interest, but typically include some of the following: formal and substantive equality; antiracist feminism; legal regulation of sexuality, pregnancy, reproduction, family, and marriage; work/life issues; employment discrimination (including sexual harassment); gender and political leadership and representation; pornography; social welfare policy; violence against women; war and military service; and global feminism and international human rights. Students may write a research paper or two shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. Some short reflection papers are also required. *** This seminar is one of the required courses for the Reproductive Justice and Rights track within the Health Law Concentration. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.