According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions. The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women. Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.
eproductive rights refers to a range of claims concerning whether, when and how to have children. Beneath this clear statement lays the most contentious political, legal, and cultural issue in America today. Involving the self, the family, and the State, women's reproductive rights generates much impassioned argument but painfully little agreement. Topics and authors take on diverse and often clashing positions, highlighting this issue's complex and highly charged nature. Arranged alphabetically by topic, articles representing racial and ethnic groups' experiences figure prominently, as do the effects of age, class, education, health, religion, and sexual preference on childbearing and -rearing practices, in and out of wedlock. It also includes articles on laws, court cases, political attitudes, prominent activists, and technological advances as they relate to reproductive rights. Entries are written by highly regarded scholars, are cross-referenced, and conclude with suggested further readings. Designed to introduce and inform the reader to this extremely difficult topic, Baer's ecumenical approach exposes us to a variety of opinions from support for current abortion policies to the building movement for fetal rights. Only reasoned opinions supported by hard evidence are included, and no attempt was made to mute the often incommensurable opinions expressed within. This book will be a valuable resources for students, scholars, and any person interested in learning about the multiplicity of perspectives on this important issue that is at the heart of our current culture wars.
According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions. The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women. Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
In 1914, celebrants marked the anniversary of the founding of Belleville, Illinois, by observing the progress the city had made since it was established a hundred years before. In that time, it had become a regional hub for surrounding communities, with robust commercial, manufacturing, coal-mining, and agricultural sectors. Over the next century, the automobile, wars, economic depression, and technological innovation transformed daily life in ways unimaginable to those citizens of 1914. Bellevilleans' civic volunteerism would serve the city well as Belleville approached its bicentennial. In 2011, the National Civic League designated it an All-American City.
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Ironic Freedom asserts that freedom from governmental interference may make people vulnerable to other sources of coercion; these affects vary by gender, race, and class. Increasing negative freedoms may reinforce existing asymmetrical power relationships within society.
In the Image of God: A Feminist Commentary on the Torah is a unique blend of traditional Judaism and radical feminism and is a groundbreaking commentary on the Bible, the central document of Jewish life. Using classical Jewish sources as well as supplementary material from history, anthropology, sociology, psychology, ancient religion, and feminist theory, Judith Antonelli has examined in detail every woman and every issue pertaining to women in the Torah, parshah by parshah. The Torah is divided into fifty-four portions; each portion, or parshah, is read in the synagogue on the Sabbath (combining a few to make a yearly cycle of readings). This book is modeled on that structure; hence there are fifty chapters, each of which corresponds to a parshah. One may, therefore, read this book from beginning to end or use it as a study guide for the parshah of the week. The reader will discover in these pages that the Torah is not the root of misogyny, sexism, or male supremacy. Rather, by looking at the Torah in the context in which it was given, the pagan world of the ancient Near East, it becomes clear that far from oppressing women, the Torah actually improved the status of women as it existed in the surrounding societies. Not only does this book refute the common feminist stereotype that Judaism is a "patriarchal religion" but it also refutes the sexism found in Judaism by exposing it as sociological rather than "divine law.
Fully acknowledging that Judaism, as described in both the Bible and the Talmud, was patriarchal, Judith Hauptman demonstrates that the rabbis of the Talmud made significant changes in key areas of Jewish law in order to benefit women. Reading the texts with feminist sensibilities, recognizing that they were written by men and for men and that the
This first collection of Judith Plaskow's essays and short writings traces her scholarly and personal journey from her early days as a graduate student through her pioneering contributions to both feminist theology and Jewish feminism to her recent work in sexual ethics. Accessibly organized into four sections, the collection begins with several of Plaskow's foundational essays on feminist theology, including one previously unavailable in English. Section II addresses her nuanced understanding of oppression and includes her important work on anti-Judaism in Christian feminism. Section III contains a variety of short and highly readable pieces that make clear Plaskow's central role in the creation of Jewish feminism, including the essential "Beyond Egalitarianism." Finally, section IV presents her writings on the significance of sexual ethics to the larger project of transforming Judaism. Intelligently edited with the help of Rabbi Donna Berman, and including pieces never before published, The Coming of Lilith is indispensable for religious studies students, fans of Plaskow's work, and those pursuing a Jewish education.
A feminist critique of Judaism as a patriarchal tradition and an exploration of the increasing involvement of women in naming and shaping Jewish tradition.
Judith Plaskow, Professor of Religious Studies Emerita at Manhattan College, is a leading Jewish feminist theologian. Plaskow's feminist reading of traditional sources is a critical reading of Judaism that calls Jews to end oppression, exclusion, and marginalization of individuals and groups.
Jewish Feminism: What Have We Accomplished? What Is Still to Be Done? “When you are in the middle of the revolution you can’t really plan the next steps ahead. But now we can. The book is intended to open up a dialogue between the early Jewish feminist pioneers and the young women shaping Judaism today.... Read it, use it, debate it, ponder it.” —from the Introduction This empowering anthology looks at the growth and accomplishments of Jewish feminism and what that means for Jewish women today and tomorrow. It features the voices of women from every area of Jewish life—the Reform, Reconstructionist, Conservative, Orthodox and Jewish Renewal movements; rabbis, congregational leaders, artists, writers, community service professionals, academics, and chaplains, from the United States, Canada, and Israel—addressing the important issues that concern Jewish women: Women and Theology Women, Ritual and Torah Women and the Synagogue Women in Israel Gender, Sexuality and Age Women and the Denominations Leadership and Social Justice
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