Month: March 2021

by Martha LA Fineman

“Twenty-five years ago, shortly after my own successful, but nonetheless harrowing bid for tenure, I began the Feminism and Legal Theory Project (FLT) at the University of Wisconsin. The explicit purpose was to provide a supportive and encouraging environment for scholars interested in  doing  feminist  theory  work. Early workshop sessions were in the summers, often lasting a week or more. They were organized around topics or themes, such as differences and motherhood.

The women and men who came to those early sessions were searching for a way to reconcile growing critical and feminist sensibilities with the study and teaching of law as we had experienced it as students and beginning professors.  A handful of Women and the Law courses had been created and were being taught at that time, but there were very few women law professors and the word “feminist” was fairly new to law schools.

Continue reading Transcending the Boundaries of Law: Generations of Feminism and Legal Theory – Introduction

Introduction by Martha L.A. Fineman

“Since the late 1960s and with ever increasing momentum, law has come under the influence of economic theory and methodology.  Although considered a specific school of thought within American legal jurisprudence, Law and Economics and the neoclassical economic model on which it is based, have permeated legal analysis in a wide range of areas, considered useful in the development of rules of universal application for law and policy making.

In response to the increasingly accepted notion that economic principles are and should be the primary lens through which legal and policy decisions are made, this volume was conceived in order to bring together essays that are critical of the Law and Economics school of thought, as well as of the neoclassical economic model more generally.  The essays collected in this volume present a variety of legal and nonlegal perspectives and come from a variety of disciplines.  All the authors are generally concerned with the implications of the wholesale incorporation of an economic model into law and policy making.  Although there are many avenues through which one can form a critique of Law and Economics and neoclassical economics other than the critique developed out of an analysis of gender, the essays in this volume primarily bring feminist perspectives to bear on homo economicus, either rejecting economic analysis within the law altogether or, alternatively, using economic analysis in a manner that challenges the gendered power dynamic within the law.

Continue reading Feminism Confronts Homo Economicus

Introduction by Martha Albertson Fineman

“This collection of chapters investigates the ways in which emerging masculinities theories in law could inform feminist legal theory in particular and law in general. Masculinities theories generally explore relationships of subordination between different men and how those relationships rebound in the subordination of women. A central theme of masculinities studies has been the construction of idealized and societally praised forms of masculinity. In addition to devaluing women and ‘non-masculine’ men, such hegemonic modes of masculinity serve to create a general sense of anxiety among men as to whether they can live up to the hyper-gendered standards.

Continue reading Exploring Masculinities : Feminist Legal Theory Reflections – Introduction

Introduction by Martha Albertson Fineman

 

“This anthology focuses on the vigorous and sometimes contentious debates between and among feminist and queer legal theorists, bringing into direct dialogue many of the key players in this ongoing set of “uncomfortable conversations.” Many  of the chapters speak directly to one another, debating not only important issues such as intimacy, privacy, sex harassment, and political strategy, but also the very conceptualization of feminism and queer theory. Cumulatively, the chapters pursue the shifting complexities and difficult questions feminist and queer legal theories consider as well as produce. This anthology also maps the different approaches to the concepts of sex and gender that have been articulated over the past decades by feminist and queer theorists. In particular, it explores evolving and contested assertions about the centrality of a positive theory of sexuality to the formulation of critical perspectives on legal, social, political, and cultural institutions.

Continue reading Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations – Introduction

Introduction by Martha Albertson Fineman

“This book is the product of an increased interest in feminist scholarship as it relates to legal issues. Law is an area relatively untouched by the post-modern currents that have washed through other disciplines, but now appears to be caught within tides of critical methodologies and conclusions that threaten its very roots. This collection of papers was selected from a larger group presented over a four year period at sessions of the Feminism and Legal Theory Conference at the University of Wisconsin. They reveal that feminist legal theory represents both a sub­ject and a methodology that are still in the process of being born. There are no “right” paths, clearly defined. This scholarship, however, can be described as sharing the objective of raising questions about women’s relationships to law and legal institutions. Continue reading At the Boundaries of Law: Feminism and Legal Theory