Martha Fineman recently posted on SSRN her fasinating chapter, titled “Evolving Images of Gender and Equality: A Feminist Journey” examining the changing conceptions of gender and equality and the unjustified privileging of autonomy over equality in American culture.
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This chapter, which will be included in Transcending the Boundaries of Law, M.A. Fineman, Ed (Routledge 2010) brings a historical and analytic gaze on the concept of equality in the US legal system. Beginning with the establishment of Portia Law School for women and court decisions like Muller v. Oregon, I discuss the tension between seeking equality as sameness of treatment and seeking positive improvements in the lives of women. While women have officially attained legal equality with men, in terms of being able to vote, practice a profession, and own property among other things, the benefits of citizenship are still distributed in highly unequal ways. In part this is because as a nation Americans value autonomy over equality and thus sacrifice substantive equality in the name of greater independence, ignoring the realities of our shared states of episodic dependency and constant vulnerability.
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You can download the chapter for free here. For a sample of related Situationist posts, see “Nicole Stephens on ‘Choice, Social Class, and Agency’,” The Blame Frame – Abstract,” “The Motivated Situation of Inequality and Discrimination,” and “The Space & Place (Situation) of Rural Women.”