Cambridge University Press
978-1-107-12662-6 — Feminist Judgments
Edited by Kathryn M. Stanchi , Linda L. Berger , Bridget J. Crawford
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Introduction to the U.S. feminist judgments project
Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford
How would U.S. Supreme Court opinions change if the justices used feminist
methods and perspectives when deciding cases? That is the central question
that we sought to answer by bringing together a group of scholars and lawyers
to carry out this project. To answer it, they would use feminist theories to
rewrite the most signiicant gender justice cases decided by the U.S. Supreme
Court from the passage of the inal Civil Rights Amendment in 1870 to the
summer of 2015.
As an initial matter, we provided no guidance to our contributors on what
we meant by “feminism.” We wanted our authors to be free to bring their own
vision of feminism to the project. Yet it would be disingenuous to suggest that
we ourselves do not have a particular perspective on what “feminism,” “femin-
ist reasoning,” or “feminist methods” are. Indeed, without such a perspective,
we would not have undertaken the project.
We recognize “feminism” as a movement and perspective historically
grounded in politics, and one that motivates social, legal, and other battles for
women’s equality. We also understand it as a movement and mode of inquiry
that has grown to endorse justice for all people, particularly those historically
oppressed or marginalized by or through law.
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We believe that “feminism”
is not the province of women only, and we acknowledge and celebrate the
multiple, luid identities contained in the category “woman.”
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Within this
broad view, we acknowledge that feminists can disagree (and still be feminist)
and that there are no unitary feminist methods or reasoning processes. So
when we refer to feminist methods or feminist reasoning processes, we mean
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So-called “third-wave” feminists particularly see feminism as a broader social justice issue.
See, e.g., Bridget J. Crawford, Toward a Third-Wave Feminist Legal Theory: Young Women,
Pornography and the Praxis of Pleasure, 14 Mich. J. Gender & L. 99, 102 (2007); Kristen Kalsem
and Verna L. Williams, Social Justice Feminism, 18 UCLA Women’s L.J. 131, 169–72 (2010).
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See Katharine T. Bartlett, Feminist Legal Methods, 103 Harv. L. Rev. 829, 830 (1990).