"Starkly essentialist reasoning sounds almost quaint by today's
standards of gender equality. So it is with some surprise that
general readers will encounter an intense and carefully reasoned
defense of essentialism from the pen of one of America's best-known
feminist legal theorists."
--"Women's Review of Books"
"By critiquing traditional ideas about 'justice, ' including
economic theories about value, this provocative feminist
jurisprudential scholar advances what she calls an 'ethic of care'
and argues that 'if adjudication is to be just, then the goal of
good judging must be both justice and care.'"
--"Georgia Bar Journal"
Over the past decade, mainstream feminist theory has repeatedly
and urgently cautioned against arguments which assert the existence
of fundamental--or essential--differences between men and women.
Any biological or natural differences between the sexes are often
flatly denied, on the grounds that such an acknowledgment will
impede women's claims to equal treatment.
In "Caring for Justice," Robin West turns her sensitive,
measured eye to the consequences of this widespread refusal to
consider how women's lived experiences and perspectives may differ
from those of men. Her work calls attention to two critical areas
in which an inadequate recognition of women's distinctive
experiences has failed jurisprudence. We are in desperate need, she
contends, both of a theory of justice which incorporates women's
distinctive moral voice on the meaning of justice into our
discourse, and of a theory of harm which better acknowledges,
compensates, and seeks to prevent the various harms which women,
disproportionately and distinctively, suffer.
Providing afresh feminist perspective on traditional
jurisprudence, West examines such issues as the nature of justice,
the concept of harm, economic theories of value, and the utility of
constitutional discourse. She illuminates the adverse repercussions
of the anti-essentialist position for jurisprudence, and offers
strategies for correcting them. Far from espousing a return to
essentialism, West argues an anti- anti-essentialism, which greatly
refines our understanding of the similarities and differences
between women and men.
General
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