PHIL 2050 Lecture Notes - Lecture 6: Judicial Restraint, Susan Dimock, Catharine Mackinnon
11 Apr 2016
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Not to be used without written permission of the copyright holder. Catharine mackinnon, toward a feminist theory of state. Warning: this lecture ccontains language and content that. Feminist jurisprudence analysis and critique of law as patriarchal institution. Liberal feminism public/private equal rights remove barriers equal opportunity. Relational feminism ethic of care differences between men and women transform institutions to accommodate difference. Radical feminism (feminism unmodified) gender is a social construction based on power: must eliminate dominance so as to reconstruct gender genuine sex equality. Internal / external critique paradigm shifts and cultural revolution. Law as patriarchal: male point of view as legal standard standards of harm, due care, etc. specific laws. Legal ideals neutrality abstract limits on judicial review judicial restraint precedence separation of powers division between public and private law standing. Sexual inequality sex as inequality (gender) and inequality as sex (sexualized dominance and subordination)
