Generations of Legal Theory Flashcards
1st Wave
- 1750s-1950s
- privileged, liberal
- suffragettes and person’s case
2nd Wave
- 1960s-1980s
- workplace, equal pay, reproduction
- “sex wars”, concerns with pornography
- small intersection with gay/civil rights
3rd Wave
- intersectionality, queer, anti-racism, post modernism
- focus on agency, radical, riot grrl
4th Wave?
- representation, media, glass ceiling
- # feminism, feminism is for everyone
- identity, commodification and transfeminism
Problem with equality?
- too liberal
- doesn’t account for lived experience (equity!)
- level playing feild
Generation of Equality
- 1970s
- emphasis on similarity, making room for women within existing male structures
Liberal Feminism
-suspicion of gendered law, targeting laws that treat men and women differently, quest for “gender-blind” law
Formal vs. Substantive equality
Liberal feminism wanted formal equality. Substantive equality is more like equity
Enemy of Liberal Feminism
Difference
Generation of Difference
- 1980s
- focus on pregnancy and motherhood, sexual assault, harassment and objectification, working environments
- equality not just identical treatment
Cultural Feminism
- relational/different voice
- feminine characteristics are not a bad thing
- women’s culture of care
Enemy of Cultural Feminism
Devaluation
Carol Gilligan
- psychologist
- reinterpreted Kohlberg’s work (says girls don’t develop same moral superiority as boys)
- ethics of justice (boys), ethics of care (girls)- women pay attention to specific differences in individuals
Heinz Dilemma
should he steal medicine to save his wife?
Dominance Feminism
- focus on difference in power
- maintain through sexual objectification, humiliation and degredation