6. Wednesday, February 16, 2011

6. Wednesday, February 16, 2011 - MacKinnon: The Liberal...

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MacKinnon: The Liberal State The Dilemma of Feminist Theory - thinks that feminist theory has oscillated between a liberal theory of the state and a leftist critique of the state - the liberal theory: the state is neutral between conflicting interests, and talking about a legal system doesn’t mean we are going to foreground other theories over others, treats the state and the law as a tool of betterment, you can actually extend legal rights to minority groups, but they fail to critique the very legal concepts that affect feminism (“a legal person”, “a legal right”) - leftist critique (treats the state as a tool of dominance and oppression,and law is just a legitimating ideology and a screen for what is really a blatant act of power - is it possibly to incorporate both of these? - p263: the state is male in that objectivity is its norm. ....apply to women as well” - what does this mean? women has been systematically physical insecurity, sexual denigration, deprived of resources and power in the marital context, in families - all prior to the operation of the law - prior to the laws operation, women and men are not generally in an equal position - this means that when the law purports to being neutral (giving them the same legal rights) it actually works to perpetuate inequalities because its own apparent neutrality masks these inequalities - the law uses reasonable person, legal person - they seem to be equal for all, but this just prevents us from seeing and working to change very real social inequalities
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This note was uploaded on 11/18/2011 for the course PHL 271H1 taught by Professor Professormoreau during the Spring '11 term at University of Toronto- Toronto.

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6. Wednesday, February 16, 2011 - MacKinnon: The Liberal...

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