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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.
Reassembling Motherhood
The word “mother” traditionally meant a woman who bears and nurtures a child. In recent decades, changes in social norms and public policy as well as advances in reproductive technologies and the development of markets for procreation and care have radically expanded definitions of motherhood. But while maternity has become a matter of choice for more women, the freedom to make reproductive decisions is unevenly distributed. Restrictive policies, socioeconomic disadvantages, cultural mores, and discrimination force some women into motherhood and prevent others from caring for their children. Reassembling Motherhood brings together contributors from across the disciplines to consider the ...
The Neutered Mother, The Sexual Family and Other Twentieth Century Tragedies
Calling for nothing less than a radical reform of family law and a reconception of intimacy, The Neutered Mother, The Sexual Family, and Other Twentieth Century Tragedies argues strongly against current legal and social policy discussions about the family because they do not have at their core the crucial concepts of caregiving and dependency, as well as the best interests of women and children. The Neutered Mother scrutinizes the definitions of family and mother throughout the volume while paying close attention to issues of race, class and sexuality. In addition, Fienman convincingly contests society's refusal to dignify, support and respond to the needs of caregivers and illustrates the burden they must bear due to this treatment. This book is a crucial step toward defining America's most pressing social policy problems having to do with women, motherhood and the family.
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.
Feminist and Queer Legal Theory
Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
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...
