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5. Wednesday, February 9, 2011

5. Wednesday, February 9, 2011 - Feminist Theory-Dilemma...

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Unformatted text preview: Feminist Theory-Dilemma: - Hart and Dworkin say the law as neutral - Hart says that in the gap, they would be trusted and would not be seen as inherently bias - he sees the law as a neutral instrument, legal concepts are not predisposed to favoring certain groups - If you look at Dworkin’s theory of adjudication, he says that true Dworkinian judges are more liberal, and will extend rights and protections over more groups and they will be more liberal in their interpretation of rights - Neither Hart nor Dworkin assume that judges or legal concepts (rights, persons) tend to reflect certain interests rather than others - the readings we will be looking at, are going to challenge the fact that even a legal right can be neutral - McKinnan says that even the right of a legal person is giving rights to man, as giving rights to people is assuming that they have certain needs that do not reflect all women’s needs - not only feminists make these legal analyses The Dilemma: Can we recognize the ways in which law has historically been used to legitimate male...
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