Generations of Legal Theory Flashcards

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1
Q

1st Wave

A
  • 1750s-1950s
  • privileged, liberal
  • suffragettes and person’s case
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2
Q

2nd Wave

A
  • 1960s-1980s
  • workplace, equal pay, reproduction
  • “sex wars”, concerns with pornography
  • small intersection with gay/civil rights
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3
Q

3rd Wave

A
  • intersectionality, queer, anti-racism, post modernism

- focus on agency, radical, riot grrl

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4
Q

4th Wave?

A
  • representation, media, glass ceiling
  • # feminism, feminism is for everyone
  • identity, commodification and transfeminism
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5
Q

Problem with equality?

A
  • too liberal
  • doesn’t account for lived experience (equity!)
  • level playing feild
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6
Q

Generation of Equality

A
  • 1970s

- emphasis on similarity, making room for women within existing male structures

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7
Q

Liberal Feminism

A

-suspicion of gendered law, targeting laws that treat men and women differently, quest for “gender-blind” law

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8
Q

Formal vs. Substantive equality

A

Liberal feminism wanted formal equality. Substantive equality is more like equity

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9
Q

Enemy of Liberal Feminism

A

Difference

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10
Q

Generation of Difference

A
  • 1980s
  • focus on pregnancy and motherhood, sexual assault, harassment and objectification, working environments
  • equality not just identical treatment
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11
Q

Cultural Feminism

A
  • relational/different voice
  • feminine characteristics are not a bad thing
  • women’s culture of care
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12
Q

Enemy of Cultural Feminism

A

Devaluation

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13
Q

Carol Gilligan

A
  • 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
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14
Q

Heinz Dilemma

A

should he steal medicine to save his wife?

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15
Q

Dominance Feminism

A
  • focus on difference in power

- maintain through sexual objectification, humiliation and degredation

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16
Q

Enemy of dominance feminism?

A

devaluation

17
Q

Catherine MacKinnon

A

sexual harassment= tactic for subordination women in the workplace

  • legal consent needs to be redefined
  • porn=problem
  • the avenging angel of 20th century
18
Q

Generation of Complex Identities

A
  • 1990s to present
  • No “universal women”
  • social justice aims (race, queer)
  • anti-essentiaist, critical of white feminism
19
Q

Autonomy Feminism

A
  • sex positive, queer activism
  • women as survivors not victims
  • critical of dominance feminism
20
Q

Enemy of Autonomy Feminism

A

Victimization

21
Q

Postmodern Feminism

A

Connected to queer activism, transactivism, anti-racism

-expression>identity

22
Q

Patricia Williams

A

Major thinker of postmodernism

-embracing contradictions

23
Q

Enemy of postmodernism

A

Normalization

24
Q

Intersectional feminism

A

social justice for all

- anti-discrimination law

25
Q

Enemy of Intersectional Feminism

A

Essentialism