Questions about the relevance and value of various liberal concepts are at the heart of important debates among feminist philosophers and social theorists. Although many feminists invoke concepts such as rights, equality, autonomy, and freedom in arguments for liberation, some attempt to avoid them, noting that they can also reinforce and perpetuate oppressive social structures. In Challenging Liberalism Schwartzman explores the reasons why concepts such as rights and equality can sometimes reinforce oppression. She argues that certain forms of abstraction and individualism are central to liberal methodology and that these give rise to a number of problems. Drawing on the work of feminist moral, political, and legal theorists, she constructs an approach that employs these concepts, while viewing them from within a critique of social relations of power.

As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.

This book defends progressive political interventions to erode the gendered division of labor as legitimate exercises of coercive political power. The gendered division of labor is widely regarded as the linchpin of gender injustice. The process of gender equalization in domestic and paid labor allocations has stalled, and a growing number of scholars argue that, absent political intervention, further eroding of the gendered division of labor will not be forthcoming anytime soon. Certain political interventions could jumpstart the stalled gender revolution, but beyond their prospects for effectiveness, such interventions stand in need of another kind of justification. In a diverse, liberal state, reasonable citizens will disagree about what makes for a good life and a good society. Because a fundamental commitment of liberalism is to limit political intrusion into the lives of citizens and allow considerable space for those citizens to act on their own conceptions of the good, questions of legitimacy arise. Legitimacy concerns the constraints we must abide by as we seek collective political solutions to our shared social problems, given that we will disagree, reasonably, both about what constitutes a problem and about what costs we should be willing to incur to fix it. The interventions in question would effectively subsidize gender egalitarian lifestyles at a cost to those who prefer to maintain a traditional gendered division of labor. In a pluralistic, liberal society where many citizens reasonably resist the feminist agenda, can we legitimately use scarce public resources to finance coercive interventions to subsidize gender egalitarianism? This book argues that they can, and moreover, that they can even by the lights of political liberalism, a particularly demanding theory of liberal legitimacy.

The author argues that rather than seeing liberalism as exclusionary of women's specificity, as many contemporary feminists do, we should look at variations in liberalism, and in particular at its democratisation in the nineteenth century, and at how feminists have used liberalism as a resource. Liberalism is analysed using a post-structuralist theory of hegemony: texts of liberal political philosophy are deconstructed to show how the term 'women' is used as an 'undecidable' in the Derridean sense to produce the opposition between feminine private and masculine public spheres; these texts are then linked to liberal-democratic social and political practices, including feminism as a social movement.

An expert survey of liberal approaches and liberal responses to diverse topics and controversies in contemporary political thought and practice.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Routledge Companion to Feminist Philosophy is an outstanding guide and reference source to the key topics, subjects, thinkers, and debates in feminist philosophy. Fifty-six chapters, written by an international team of contributors specifically for the Companion, are organized into five sections: (1) Engaging the Past; (2) Mind, Body, and World; (3) Knowledge, Language, and Science; (4) Intersections; (5) Ethics, Politics, and Aesthetics. The volume provides a mutually enriching representation of the several philosophical traditions that contribute to feminist philosophy. It also foregrounds issues of global concern and scope; shows how feminist theory meshes with rich theoretical approaches that start from transgender identities, race and ethnicity, sexuality, disabilities, and other axes of identity and oppression; and highlights the interdisciplinarity of feminist philosophy and the ways that it both critiques and contributes to the whole range of subfields within philosophy.

In Feminist Interpretations of John Rawls, Ruth Abbey collects eight essays responding to the work of John Rawls from a feminist perspective. An impressive introduction by the editor provides a chronological overview of English-language feminist engagements with Rawls from his Theory of Justice onward. Abbey surveys the range of issues canvassed by feminist readers of Rawls, as well as critics’ wide disagreement about the value of Rawls’s corpus for feminist purposes. The eight essays that follow testify to the continuing ambivalence among feminist readers of Rawls. From the perspectives of political theory and moral, social, and political philosophy, the contributors address particular aspects of Rawls’s work and apply it to a variety of worldly practices relating to gender inequality and the family, to the construction of disability, to justice in everyday relationships, and to human rights on an international level. The overall effect is to give a sense of the broad spectrum of possible feminist critical responses to Rawls, ranging from rejection to adoption. Aside from the editor, the contributors are Amy R. Baehr, Eileen Hunt Botting, Elizabeth Brake, Clare Chambers, Nancy J. Hirschmann, Anthony Simon Laden, Janice Richardson, and Lisa H. Schwartzman.