Real Choices: Feminism, Freedom, and the Limits of Law by Beth Kiyoko Jamieson
By Beth Kiyoko Jamieson
Grounded within the historical past of political suggestion, and illuminated via felony reports and feminist idea, this publication bargains a not easy new method of brooding about liberty within the wake of many years of feedback of liberalism from feminists, communitarians, and conservatives alike. primary to this strategy is the author's argument that liberty and equality are usually not inconsistent values and that political conception may do good to desert the dichotomy among "negative" and "positive" liberty. the rules of liberty Jamieson proposes--identity, privateness, and agency--are now not intended to be inflexible or common yet relatively contextualist and contingent. to illustrate those ideas, she deals a sequence of 3 case experiences of criminal conflicts: for id, heightened constitutional security for homosexuals; for privateness, legislation of assisted copy equivalent to surrogacy and sperm donation; and for service provider, the rights and tasks of battered girls.
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Extra resources for Real Choices: Feminism, Freedom, and the Limits of Law
As MacKinnon observes: “[T]his concept of sex . . presupposes difference. Difference defines the state’s approach to sex equality epistemologically and doctrinally. ”13 Difference feminists tend to fall into the “where there’s a womb there’s a way” method of thinking—extolling women’s life-giving, nurturing capacities as the counterpoint to masculine rationalism. Unlike liberal feminism, women’s bodies, grounded in material existence, are central to political and theoretical concerns. Theorist Shane Phelan agrees that the centering of the body in discourse is valuable in this position’s refusal to countenance a world of bodiless minds.
She does this for a particular reason: to show how liberal definitions of liberty fail to help black women as they struggle for justice. Her goal is important, but Roberts’ 25. Cain, “Feminism and the Limits of Equality,” . 26. Dorothy Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Pantheon, ), –. 27. See Chapter , for further discussion of this point. 30 Real Choices means of argument highlight the ease with which shallow definitions of liberty are used.
Women Against Censorship (Vancouver: Douglas & McIntyre, ); Judith Butler, Excitable Speech: A Politics of Performance (New York: Routledge, ); Drucilla Cornell, The Imaginary Domain: Abortion, Pornography and Sexual Harassment (New York: Routledge, ). 27 The Liberty-Equality Dilemma: Feminist Theory’s Fatal Flaw The first category or type of feminist response to liberty—the apparent absence of concern with the concept, demonstrated by near silence on the subject—is difficult (if not impossible) to demonstrate.