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.

Show description

Read Online or Download Real Choices: Feminism, Freedom, and the Limits of Law PDF

Similar civil rights & liberties books

International Organizations, Constitutional Law, and Human Rights:

On account that international struggle II, notable development has been made towards setting up more beneficial foreign legislation and businesses to lessen possibilities for disagreement and clash, and to augment the pursuit of protection and health and wellbeing. This e-book deals a close checklist of that growth, in addition to its that means for our instances and people forward.

Privacy at Risk: The New Government Surveillance and the Fourth Amendment

With no our consent and infrequently with no our wisdom, the govt. can regularly video display lots of our day-by-day actions, utilizing closed circuit television, worldwide positioning platforms, and a big selection of alternative refined applied sciences. With quite a few keystrokes, documents containing our monetary details, cell and electronic mail logs, and infrequently even our clinical histories might be without difficulty accessed via cops.

Grounding Human Rights in a Pluralist World (Advancing Human Rights)

In 1948 the final meeting of the United countries followed the common announcement of Human Rights which declared that each man or woman, with no "distinction of any kind," possesses a collection of morally authoritative rights and primary freedoms that should be socially assured. due to the fact that that point, human rights have arguably develop into the cross-cultural ethical thought and evaluative software to degree the functionality -- or even legitimacy -- of household regimes.

Privacy and Its Invasion

Privateness. we'd like plenty of it for ourselves. we adore to invade the privateness of others. we're prepared to exchange it for merits of every kind, together with credits, social providers, and friendship. Why is that this? the place should still we draw a line? How may still we deal with our ambivalence in an period during which privateness usually seems to be lower than legitimate assault?

Extra resources for Real Choices: Feminism, Freedom, and the Limits of Law

Example text

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.

Download PDF sample

Rated 4.96 of 5 – based on 39 votes