The leading articles on gender and justice within Anglo-American legal theory are assembled in this volume. The essays are drawn primarily from the writings of lawyers working in the common law tradition and they mainly examine the justice of legal institutions. Due to the close kinship between political and legal theories of justice, the book also includes a selection of the work of the more prominent political theorists of justice and gender.
Table of Contents
Contents: The Subject of Justice: Gender as seriality: thinking about women as a social collective, Iris Marion Young; The woman of legal discourse, Carol Smart; Proof, Tricia Dearborn; Liberal jurisprudence and abstracted visions of a human nature: a feminist critique of Rawl's theory of justice, Mari J. Matsuda; 'Public man' and the critique of masculinities, Terrell Carver. The Limits of Formal Equality: Something is pushing them to the side of their own lives: a feminist critique of law and laws, Stella Tarrant; 'Possession': erotic love in the law of rape, Ngaire Naffine; Women and the law of armed conflict: why the silence?, Judith Gardam; The equality pit or the rehabilitation of justice, Radha Jhappan. Distributive Justice: 100 million women are missing, Amartya Sen; Human functioning and social justice: in defense of Aristotelian essentialism, Martha C. Nussbaum; Theories of justice and the welfare state, Nicola Lacey; After the family wage: a post industrial thought experiment, Nancy Fraser. The Qualities of Judgement: Impartiality: Stripped down like a runner or enriched by experience: bias and impartiality of judges and jurors, Martha Minow. Care: Portia in a different voice: speculations on a women's' lawyering process, Carrie Menkel-Meadow; Justice and care, Robin L.West. Emotion: Reconstructing judgement: emotion and moral judgement, Kathleen Wallace; Embodied diversity and the challenges to law, Jennifer Nedelsky. Just Punishment: Criminal justice ideologies and practices in different voices: some feminist questions about justice, Kathleen Daly; Punishment, feminism and political identity: a case study in the expressive of law, Jean Hampton; Name index.