DR. JUDITH A.

BAER

-April 5, 1945

-American Political Scientist

- Public Law and Feminist Jurisprudence

 - Ph.D. in Political Science, University of Chicago - (Chicago, Illinois, United States)

 M.A. in Political Science, University of Chicago - (Chicago, Illinois, United States)
 A.B. in Political Science, Bryn Mawr College - (Bryn Mawr, Pennsylvania, United States) 

-Professor of Political Science at Texas A&M University, the Bush School of Government and
Public Service, and has taught in other universities which include the State University of New
York (SUNY) at Albany, California State Polytechnic University in Pomona, California,

-She has authored several books and articles, but the one that won her an award is her book
entitled: Our lives before the law: Constructing a feminist jurisprudence, which was published
in 1999. For this work, Baer won the AMERICAN POLITICAL ASSOCIATION’S VICTORIA SCHUCK
AWARD IN 2000 for the Best book in women and politics.

https://bush.tamu.edu/faculty/jbaer/
 Our lives before the law: Constructing a feminist jurisprudence

CHAPTER TWO

IS LAW MALE? YES

THREE ORGANIZING PREMISES OF FEMINIST THEORY:

1. Conventional Theory is Male-biased

2. Reality is GENDERED (Gendered Reality)

3. Female-specific theory is a necessary corrective

3.Thinking as Women: Constructing Feminist Theory

Third premise of feminist scholarship is that WOMEN should ground theories for specifically
FEMALE REALITY.

-meaning that when women construct their theories, they should be “thinking as
women”

“Thinking as women” means both THINKING ABOUT WOMEN (rather than about
“human beings” who are in fact men) and THINKING LIKE WOMEN (rather than like
“unbiased, objective” scholars who have been taught how to think by men).

‘THINKING AS WOMEN” comes from post-modernism claim that thought is subjective:

Grounded and inseparable from the existence of the thinker.

- Feminist theorists share a commitment to reasoning from women’s specific lives

rather than seeking a careful generality.

- “THINKING AS WOMEN” prized by feminist scholars as a means to an end----and what

is that end? THE CONSTRUCTION OF GENERAL THEORY.
But, according to Prof. Baer, the problem with formulating a general theory, feminist scholars
has done what it criticizes Conventional Theory for doing. It has privileged an individual
standpoint as UNIVERSAL.

So ano naman po ang magiging problem pag naging UNIVERSAL THOERY ang isang individual
standpoint? Magkaka roon naman ng exclusion sa MINORITY WOMEN. LET US RECALL THAT
NOT ALL WOMEN ARE THE SAME. MERON DING WOMEN MINORITY CRITICS WHO ARE BLACK,
ASIAN LESBIAN, LOW INCOME EARNER CLASS ETC.

ACCORDING TO DRUCILLA CORNELL: feminist theory “erases actual differences between

women in the name of the norm of the white, middle-class, heterosexual woman who is hailed
as Woman”, meaning, may bias pa rin ang feminist scholars in favor of white, middle-class,
heterosexual, women.

In short, just as Conventional theory has excluded women, feminist theory has excluded
minority women (of color, lower class, homosexual, and other minorities women).

According to Prof. Baer suggested, partial solution to this bias is to include as many viewpoints
as possible, to read and listen to other feminist theories for its continuing correction and
revision.

-She cites Mari Matsuda call for “MULTIPLE CONSCIOUSNESS” that incorporates inclusive,
dynamic stand points derived from exposure to diverse viewpoints.
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Prof. Baer also introduces Essentialism

Prof. Baer discussed Post-modernism and Essentialism as foundations for feminists to build
upon their own feminist theory.

Gender Essentialism – holds the notion that a Unitary, essential, woman’s experience can be
isolated and described.
- holds that an identity and experience shared by the members of a group
can be discovered and described.

- However, this essentialism ignores RACIAL DIFFERENCES.

- According to Prof. Baer, she agrees with Angela Harris that “Race is a crucial part of the
identities of women of color, but not of white/Caucasian women. Therefore, NO
“UNITARY” description of women is possible.”

Also, in this Chapter of her book, she shared her own Perspective as a white, middle class,
heterosexual woman. She shared her own experience as a PERSON WITH DISABILITY, (PROF.
BAER is OVERWEIGHT) and that she grew up in an “unhealthy family” (she was subject of
VERBAL ABUSE)--------------she considers DISABILITY and FAMILY PATHOLOGY as
MARGINALIZING ASPECTS THAT SHAPE A WOMAN’S EXPERIENCE, which she believes can
contribute to her own FEMINIST THEORY.

IS UNIVERSALITY POSSIBLE? NO
- NO consensus exists within feminist theory about the possibility of a common essential
identity.
- Angela Harris’ argument about race persuades me that no such shared identity is
possible now.
- Everything is about race, everything is about class, and everything is about gender.

But, according to Prof,. Baer, the premises of both postmodernism and essentialism produce
scholarship that enhances our understanding. Both stimulate inquiry rather than stifle it, and
their tension does more good than harm.