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The Foundations of Vulnerability Theory
"This volume is the first collection of Martha Albertson Fineman's most important and influential work. Feminist legal theorist, Martha Albertson Fineman, has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman's scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory. This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions th...
The Foundations of Vulnerability Theory
This volume is the first collection of Martha Albertson Fineman's most important and influential work. Feminist legal theorist Martha Albertson Fineman has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman's scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory. This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that ...
Transcending the Boundaries of Law
Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in e...
Vulnerability
Martha Albertson Fineman’s earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the ’autonomous’ subject of liberal law and politics in the context of US equality discourse. Her ’vulnerability thesis’ represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ’vulnerability thesis’. The contributors include scholars who have thought about vulnerability in dif...
The Autonomy Myth
An exposé of flaws in American policies regarding the self-reliance of families argues that policymakers have compromised the well-being of everyday individuals by limiting the definition of acceptable family units and placing unrealistic responsibilities on contemporary families, presenting a model for "caretaking relationships" that provides extra support for children and the elderly. Reprint.
Law, Vulnerability, and the Responsive State
This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or government...
The Illusion of Equality
How do "no-fault," "gender-neutral" divorce reforms actually harm the lives of women and children they are designed to protect? Focusing on the language and symbols of reform, Martha Fineman argues that by advocating measures based on equality of treatment rather than of outcome, liberal feminists disregarded the socioeconomic factors that simultaneously place women at a disadvantage in the market and favor their taking on primary domestic responsibilities. She traces in persuasive detail the detrimental effects of equality rhetoric in shaping divorce law — such as the legal separation of parents' and children's interests; equality replacing need as the prime criterion for settlements; and the increase of state intervention into family life. More than a critique, this book is an incisive argument for adopting outcome-oriented measures and a valuable overview of the pitfalls of uncritically implementing any rhetoric as social policy.
Feminism Confronts Homo Economicus
"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has c...
At the Boundaries of Law (Rle Feminist Theory): Feminism and Legal Theory
Feminists have recently begun to challenge the powerful influence of the law on the social and cultural construction of women s roles, identities, and rights. At the Boundaries of Law is a timely and path-breaking work that provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women s lives. Together the essays examine the fertile and radically revisionary links between feminism and legal theory. But At the Boundaries of Law rejects the abstract grand theorizing of traditional feminist legal theory, focusing instead on the concrete and material implications of the legal injustices endured by women. These essays emphasise the com...
Marriage Proposals
The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the “fiancée visa” or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming “confidential marital communications”; no pension entitlements; no marital benefits and detriments regard...
