Robin West, "Jurisprudence and Gender": Defending a Radical Liberalism Author(s): Martha C.

Nussbaum Reviewed work(s): Source: The University of Chicago Law Review, Vol. 75, No. 3 (Summer, 2008), pp. 985-996 Published by: The University of Chicago Law Review Stable URL: http://www.jstor.org/stable/20141934 . Accessed: 16/12/2011 00:35
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

The University of Chicago Law Review is collaborating with JSTOR to digitize, preserve and extend access to The University of Chicago Law Review.

http://www.jstor.org

political work and theoretical.The University of Chicago Law Review Volume 75_Summer ? 2008 by The University of Chicago 2008_Number 3 Demisesquicentennial Robin West. protect respected against harms and honored. Nussbaumt Robin able West's West Jurisprudence argues work. and Gender has justly had consider with theories influence. they will offer defective guidance to a post-patriarchal must envision Therefore. Jurisprudence and Gender: a Radical Liberalism Defending Martha C. Department. sustained per by all forms A system of life. practical "[f]eminism for without such a vision we have little direction. West. 985 . West then argues that the vision of feminist jurisprudence must be of a world inwhich all forms fect forms legal of life will will be recognized. Philosophy of Chicago. and Divinity School. 3 Id. School.3 risprudence I find this conclusion a bit underdeveloped: surely a "humanist" juri sprudence is far from being a jurisprudence inwhich "all forms of life" t Law Ernst Freund Distinguished Service Professor of Law and Ethics. tion is both true and important. concepts and normative remain incompletely developed. conceptual work. and humanist become jurisprudence unmodified. and will recognize life affirming values generated by all must become of being_Masculine human jurisprudence a ju must ist jurisprudence. 55 U Chi L Rev 1 (1988). The University 1 Robin and Gender. persuasively If the that people concerned achieving sex equality need to do both practical."2 This conten world. Jurisprudence 2 Id at 72.

"4 examines feminism of feminist feminism are pro argument though at odds. I shall examine the way in which liberal thinkers actually build normative claims out of the (factual) separation thesis. in such a way the problems sa that are most focus but also the problems that are West's problems women who live lient in the lives of poor women. of Chicago like due Law Review to know in West's what sorts of [75:985 respect and also I would lives are recognition conception. I shall focus on that inwhat follows. underlying fect guides liberalism their reliance the other deriving legal normative from the radical philosophical movement?are work. for nonsentient forms of respect such as she would support beings are simply not on The fact that these questions and ecosystems. I shall mention what is really worth criticizing in the liberal jurisprudence to which West objects. There ambition determination ism in mind. not thinking about what she is omitting?makes seem a bit out of date to me and partial in itsmoral vision. is much but also in the Article its close attention that to admire. including prominently I shall then argue that the separation in poor and developing countries. West is by gories jurisprudence. assess West's as a normative Let me. I to begin from a broader account of needs shall first argue that feminism as to include not only the to be solved. however.986 The University are and what respected and valued. so that the most the map and con powerful concepts ready to redraw are available tentions of these feminist movements for legal use." and that crit She ical legal studies is defective because of the particular way inwhich it articulates then to argue on what in both these "connection and "cultural" often thesis. defending the core ideas of the tradition. plants law little so that she can smoothly West's equate "humanist" agenda?so with the Article the area claims ican "life affirming" law. . as it was intended that the two forms of normative theory most of human deriving the critical for feminist and the on a thesis and that relies work from the studies tradition and received. liberal West influential inAmer political animal in law?one of Western philosophy. Next. thesis is both true and important and that feminists should endorse it. arguing 4 Id at 3. Finally. not to the varieties with the most least its sweep and of feminism and its of femin part of her to rethink Because legal I believe frameworks the concerns unsatisfactory Article is its critique of liberalism. She ideas allied legal tradition she calls the "separation she radical forms calls the ultimately imper that philosophical argues on account are defective of thesis. they share a dissatisfaction cate with the normative foundly made male At available this point. Article proposal sex equality.

Moreover.7 When we put such the table. 5 Feminist in my article. 1-4 (Cambridge that "all too often women 2000) (arguing that deserves respect from laws right. to abortion. for pregnancy and maternity. and indeed have been made. are all immensely for both law and public poli serious problems to be so. violence. . health care. Sex and Social Justice 29 (Oxford of Liberalism. cy. Nussbaum. for we of each particular body in separation thesis. the economic problems of are some ability on widows.2008] that these surrendering criticisms the key Defending a Radical Liberalism 987 can be made. and they continue. persons with a dignity as "mere instruments of the ends of others")." but rather see Martha C." whatever I am one human being and you are anoth all other human beings. The Capabilities velopment: Approach are not treated as ends in their own and institutions. is physically from separate [A] "human being. that liberalism several is too "indivi feminist 1999) (describing critiques including I hope is too abstract. Nussbaum. development access to education. our theoretical angle likely to focus closely on the career strengthens the case I believe. Nussbaum. unequal however. without claims of normative liberal political theory. ed. Women and Human De questions. they are prob women over the world the abortion lems for all (although question form in nations where different sex-selective abortion takes a markedly sire not to raise a popular way of expressing a female child?nations from West's own nutrition to move disdain of which for females there and a de are all too many has become today6). I believe that this shift of perspec tive very much for the liberal II. the world from its birth to its death. issue of access with although support a brevity that does not give insight into the detail of her own position. India: Development Participation 257-62 (Oxford 2d ed 2002).5 I. in public space." them in a fresh and nonrepetitive the challenge of res that I can articulate way here. of liberalism. 6 For some the rise of 7 For sex-selective a discussion is indicative of ratios in quite a few nations. of these see (as I did not previously do) will add to what I have to West's ponding done before. which natality Jean Dr?ze and Amartya and Sen. unfortunately. Getting West US focuses on feminism: sexual the Right Questions on the Table the primary focus of the problems then that were sexual harassment. Many of these Critique insightful data on formulations the skewed abortion. Absent central dress unequal questions are more to my unequal Article. and the health difficulties of aging women. that its "vision of persons dualistic. is altered. to the vexed She also alludes These inadequate and unequal employment opportunities. Martha C. Certainly." and that it is "far too rationalist"). DEFENDING THE SEPARATION THESIS Here is West's account of the separation thesis: else he is. The points have already been made in Martha C. international and freely that I find problems such as how to ad work.

into which the anus.9Thus I think we should include as part of the thesis the claim that that merged accessible with and of and fetus to a great the to West. receive cally education process. through breast feeding. element it ignores." of Individuals are. Our blood flows inside (as well as with and nobody that wall and hold not is occasion for concern. that education does the separate of Person body an addressee and become of the B goes out to play. that the assumption (I find West's 8 West. true that all human in their have apertures beings enter: the of another the organs human being may and the vagina. "distinct and not essentially connected with one another.10 The mental the deep intuitive connection of a mother and thus sidelines. extent not in tant. infertile women in what follows. It is of course bodies mouth. 9 10 rience and Unger that seem best interpreted this way)." We are trivially West's but initial true meaning account of each physically "boundaried"?this of the claim that we are all individuals. capacity The have physical bodies whose true and important. her so closely. the classroom and write. See See are using that is actually reliable false because contraception. is a reminder connection since of menstruation. ignore that example . the food in Person A's sto is our own of and any breaching in) that wall. it of potential in her view. West also includes intercourse. which." "represents as do most women who still menstruate. id at 1-2 (describing views of Nozick which I shall discuss below. with her of a general takes to be a paradigmatic instance fe child. during pregnancy and the related close physical connection with her child after birth version is false because it ignores.988 The University of Chicago Law Review [75:985 to the mean between er. automatically B is taken to the doctor. and that distinction you and me is central "human being. which West for empathetic male connection. When follow. We is both thesis separateness are bounded essential organs by a wall of skin that else's. physical of separateness accord one another is also impor is his or her own. the physical According is both false and pernicious because woman's of connection experience thesis separation a thus marginalizes. Let Person B love Person A so much into Person goes mach. and the expe id at 2-3. Person A does not remain she may shut up in a dark room. with her on is the the she then goes right on to consider our lack of mental union ing to which each human being has a mental that of any other human to every other human being.8 thesis focuses with life being. in the words ing of the phrase one commentator. 55U Chi L Rev at 1 (cited in note 1). When Person B that not A improve has also moved the skills into When Z?'s mouth is taught of Person Person does to read unless arrive A. many So I id at 3?something the potential for pregnancy. Person A's health does not automati Person care. versions separateness.

since the mother's separateness ception the fetus. even though the fused lovers would 2001) (arguing the lovers think that "wholeness" they were getting would ironically what out of their passionate "they most wanted and all passion").11 body while they are in a sexually a partial ex But what about pregnancy? is. and here I find within it an unwanted parasite. are many while ways inwhich the thesis of bodily connection breaks down. that the exception however. It is this picture that in John Burnet. jeopardizing my plans and possibly my health and even my life. when Moreover. while the mother's grave danger. 2 Platonis Symposium Opera 1901). an undernourished sorts fetus. to observe these manifest rape or use contraception. of separation: of whatever the god of welding. Notice. 192D-E. in a coma. her fetus is doing very well. been lovers?for the two men gretted by example. state may nourish her emotional affect to the of the fetus. ." this 11 See Plato. imagined by Aristophanes in Plato's who is that cherished dream say that their most Symposium.2008] mouth and anus are Defending irrelevant a Radical Liberalism of sexual the 989 penetration intimate never con to in the context be one of the most dated aspects of the Article. All for the fetus to be in bodily mother health and remains fetus. The Luck and Ethics in Greek Tragedy and Philosophy 175-76 of Goodness: Fragility (Cambridge that if indeed such a fusion were to occur. It is also possible or even to die. Pregnancy to the physical nutri thesis. romanticizes we has much doubt that nobody however close and intimate the state their physical It seems she fails connection. unaffected. legally dead. when of pregnancy in physical tensions and breakdowns the case of pregnancy consider due to of thesis inadequate looks stronger to opportunity yet: this is my as the result the separateness body. would make their bodies into one intimate position. It is possi for a mother ill. separateness a one-way is there is nothing of doing the fetus is capable exception: tion does that will mother. to me that West the physical cases interests of the mother in question. of course. Hephaestus. ed. so pregnancy the well-being be an exception may mental thesis as well. me mother choices a well-nourished of grave medical often have to be made between of her two fetus. Nussbaum. The nutritional connection between diated may and there by have those are can also break down: the placenta. Did (Oxford is room for doubt. or even state there of the a parasite. See my analysis of the passage in Martha C. and in such separate beings connection. "put an end to all movement movement. ble improve The fetus the nutritional is in that sense to be very status or the emotional Moreover. Moreover.) But the possibility of does not alter the reality penetration tact involved in sexual intercourse about type brings a physical merger a fact that has frequently re of bodies. since it would really regret the failure of fusion? There extinguish the possibility of sexual pleasure. or pregnancy incest.

of economic and social the pressure by necessity to have to cannot another mouth bear such mothers simply a "dead weight that imposes is a wonderful but it thing. to provide for their child But if we ask who it is who puts around since who has often less food on the plates of female children in many families the mother. gestures. in any income will not bring which feed. has to be that it is usually the world. Think of what it is to try to under is automatic another ing To do so well. the mental think about instead timate anthropomorphizing. at least in its most thing as maternal be overwhelmed stigma. for because the mental the fetus relation has only between mother and mental a rudimentary to their is there fetus. (For given by to read a work of literature?decoding its signs? that reason. harmful when 12 Marcel Proust. There but pressure be such a may to be. another ing a parent or lover. to the signs close and respectful attention at all is by paying standing a person's and movements. words. learning or lover. Pregnant women often like to imagine that their fetus is harmonizing with their thoughts. sometimes. have [75:985 and in favor of abortion rights feminist considerations for West's of nurture contention and care that postbirth that lead them at her peril. any real person with (as contrasted a mentally transparent our sensitivity cannot not defeat mental does fictional character) remove. expressions. that the task of understand it suggests or easy. harmless but this is fantasy? emotions."12 it can easily is. life. lover she that she knows what her child or lover is thinking just by virtue of be or good parent else automatically. and will cost the family dearly when dowry of the separateness thesis. again. that it is women?sometimes direct without it. Empathy of it is a fallible exercise because separateness the subjective If a parent of experience or lover thinks to grasp All the imagination. indeed. with male form. But there probably instinct. especially time arrives. one will have to resist illegi stand a dog or an elephant. capacities or moving in response at best. mothers profound physical ties to their children through lactation and also through deep ren's physical well-being?well. Du c?t? de chez Swann 85 (Gallimard 1962) (author's translation). the answer and serving who the food. If we ask is cooking it is the mother the answer sex-selective it is who all those is getting abortions. attempts are interpretations. a female mouth. A a very bad parent is probably that nobody understands understands anyone to come up with any under and that the only way is a training of considerable value in preparing for the tasks of life.) As none. . not mergers. A Now let us turn to the mental part is the inaccessibility of any mind of human part profound experience to any other mind. As Proust put it.990 The University underlies any As instincts most arguments such ignores of Chicago Law Review for women.

ristic liberal conclusions? Liberalism ration thesis from some factual assertions. however. my life. Because goals "autonomous.2008] of Defending a Radical Liberalism 991 sort of creature. my path. So mother and neonate. and John Rawls a minor and Robert Nozick. projects Forgetting types of con our separate by harm our actually III. first and foremost. theorists West liberal John Locke. he is free of the I am separate from you. 55U Chi L Rev at 5 (cited in note 1). the normative separation then. liberal of the extreme liberta cites Thomas rian variety. physical of connection." entails. is true and one another between thesis separation that we seek with important. 14 It is difficult thinkers: to know which Immanuel a liberal. Any normative that wants theory that human does bodies not So how. hardly She does not cite any leading has in mind. . The fact scribed autonomy. directly is the in the sense I have de separate that there is anything about valuable to characte thesis relevant separation of which normative the sepa claims. a species can study is usually needed. NORMATIVE LIBERALISMAND THE SEPARATION THESIS According begin by normative tive thesis: to West. They to a norma According material because other. they do not mother the any way fetus. are vant to human life had better assert it and keep it in view. and minds show then. is any mental unity is just wrongheaded. theorists thesis move in the liberal tradition and not a as a descriptive quite rapidly asserting thesis. an existential state of highly desirable and much valued freedom: Because is separate from the other. begins is one. they would very not be thinking thesis does separation necessarily imply any badly. far less developed life than do dogs that there and elephants. if indeed they feel anything. my ends. Hobbes. But it also begins from some 13 West. though long familiarity deliver the goods). and Now multiply have and that sometimes difficulty a thousand fold: for fetuses have a far. the inevitability of the individual's separation the individual from the "other. or of giving signs of what they are feeling. Instead she Kant. are all totally absent. normative It is simply an account of a basic thing to be rele of human condition life. my to liberal legalism. and try to picture that particular how the world a creature with would look to just those mental capacities (something for which considerable with mental the idea The nection ness. All are mediated this fact may and mental.14 The one way or another. are necessarily I am separate. I am my own."3 If liberal theorists really thought this way.

not justi premises can win a kind of ex post facto it. and then the 15 an idea of justification to that used I am developing in John Rawls. us to put some important issues of justice on hold. that it not matter to persons. look of the theory.15 As such. How If we were their in a sci-fi world would where should nutri tion." including requiref] "justice for people with severe mental impairments"). of persons and equal worth equal paration tempt people's respect to persons. theory will increase as starting are assumed rather than inferred from some they points to us I would claim. of it. it is worth this point. Here is where separation politics one approach the person? then At that West endorses probably remarking at least I see no signs that she does not. ma if one believes. however. it will be natural for a believer terial and social. equal might the claim does does respect think persons equal also think that the things politics distributes are so unimportant really Such. Frontiers of Justice 29-32 2006) (arguing (Belknap contract in a situation doctrines that assume that "parties begin the bargain of rough equality. our confidence in its premises.16 Liberals should not have bothered with that factual messy the normative claim cannot nor sufficient is neither which for assertion. A similar Here. as seems plausible.992 The University which are taken to be of Chicago Law Review [75:985 fied within justification. thesis. and mental that derivation is amistake (and a pernicious one because it has led to the exclusion from equal justice of people with grave physical and mental disabilities). the view of the ancient Greek and Roman Stoics. education. Theory of Justice 46-53 (Belknap 1971). Such equal be demonstrated. Such normative premises out their implications in the sense that a theory drawing fundamental may and our endorsement of the whole very attractive. that good treatment. distribution not matter very much: we could just give all the good stuff to Person A. shows equal respect whether politics was I believe. matters of persons to endorse in the equal worth the second claim as well. and liberals have found not a lot of follow and however. both of my normative theses. It is. thing more Two of these premises. are committed to becomes relevant. are the assumption of the fundamental. 16 See Martha that social C. necessary a moral claim that persons have worth. support The from a widely shared moral belief. .. and it may indeed be contested. Although a factual it to claim capacities to show that politics ought is not. Nussbaum. However. We a politics that treats all human beings with equal respect. and other goods of life flowed like amighty river from person to another. like the se of persons some do at liberal theorists about the in a state of rough equality I believe of nature. for their endorsement normative thesis of equal concerning for one worth. a factual the assumption The equal worth to connect physical claim. a great deal..

it does not become similar believes One only might in the separation just sit back and thesis. . of the family Because true (malice. however. Prior to liberalism. each needed. although to conflicts for resources and opportunities within the family. their bodily well docu integrity?so the world?shows exactly what led to. such a world is not automatically to tenant. people did not focus on this problem. ed. no mighty of separation. This belief is transparently of history false. to education. Liberalism at least an acceptable out that. Look at the interesting forms of inequality it 17 Becker's tending Women (stating who will in Sex and Social Justice that something economist like this idea underlies Gary of at later understood the importance Becker original theory of the family. they somehow thought that a world inwhich the feudal landlord was given or all the goodies and left to take care of his tenants was a just world. in Nussbaum. as much family members. Becker's acknowledgement The Feminist Critique of Liberalism to account that this model needs at for I argue 66 (cited in note other motives). And river of altruism flows from landlord the then. to elites and not give all political rights and material advantages acts of historically chances poor. tells us. are?barring unprecedented they will stay right where they are. is automatically in which household. one.33 (cited in note 5) an altruistic view of the family assumes that Becker's economic head of the household seek to maximize 5) (describing the family's utility). Because distribution adequate to nutrition females and and to protection of from all over over in statistics control pa the family has is true. among his children. about the family? asserts theses. adequately enough.2008] mighty could tion river would dip thesis into that Defending a Radical Liberalism so The that 993 each carry it to each and river and take whatever every person. yes. given the truth points a just world. liberalism a fair share to distribute sensible that a politics of the goodies people who that to everyone What Well. and Cultural Universals. at that point. nothing much the patriarchal follows fami to thatworld through philanthropic male choices regarding distribution. mented triarchal the world things are If one does not lead to their adequate distribution. The unequal to em health care. Sex and Social Justice 29. that the sci-fi world is not our world.17 shows not us. are automatically to all these benefits distributed. They think that a world in which all the goodies are given to the male head of the a world for his use and control. many would not dream of thinking that the world of feudalism ismy sci-fi world do think that something like this is true of the family. See Martha C. say. The their strategy of giving the control over goods to the male head of the household even of access ployment. Nussbaum. in the hands lanthropy?that separa If we to the phi of the elites. Nussbaum. separation some other is not my sci-fi world. given truth of the two normative does not figure out how is an unjust politics. ly is a very fine thing. the lust for power).

be liberty is valuable. are among integrity in a way for persons. one might say: to be the for one party feudalism have expressed such the great Rousseau. along with bodily that must and nutrition and health the goods care. and that is a position well in the Western theorists. Wrong Is with Liberal Legalism? that most went few liberals have in ear How familiar wrong? is not mistaken. So certain types of liberty. rather than a disagreement with it.) will in stitution. One will goods of respect. and that the varieties were not very in thinking of liberalism feminist. in add at politics known that has little regard for liberty. keep (Ama and monarchy. Or. position. she would surely object to deficient public support for child and elder care. one of the valuable in managing Rousseau's essence. be distributed One that shows respect equal accounts sorts of liberty have many different of what however. one respect to say that the patriarchal is a very defective have family political it anyway. IV. an egalitarian I have said so far is compatible with liberal or quasi-liberal Most liberal tradition because it is. Thus. many of many but its problems. might. that we detest apologists the need had better it. thesis and the equal dorses the equal worth thesis. master is so overwhelming liberals who zingly. and the . including But if one also en views.What. however. tion and of modern So liberalism. in the mode of Chicago Law Review for [75:985 it clearly has well.994 The University cultivates. endorses including most of the liberal aspects the part about liberty. however. West been lier legal feminists Then. stated cause I do not see any signs that she is deeply dissatisfied with the Bill classic choice liberty. This is a disagreement within liberalism. Much of the history in law has been concerned with just these changes. One will insist on seeking a politics want that distributes all the life to all in a reliable therefore on limitations feminism far I have What that expresses way and in a way equal certain changes in the family organiza the powers of its male head. liberalism So what did people with such promising ideas about human equality. however. while still as I have or other I believe actually it here. normative this point an additional that politics distributes is a measure premise: of choice things one's life and charting its course. on autonomous that what of the normative of expressions significance to is an exaggerated she objects emphasis on care when one is and a deficient emphasis thinking about what people need and what politics should distribute. a very important said nothing about part of liberty. are valuable remaining I believe position of Rights or how much within the basic that West of each liberal sort of tradition. and she would object the more strenuously if such lack of support were to be defended on the ground that each person should take care of himself or herself without any help.

20 John Stuart 33-34 that "no slave Mill. to the Femin and Privacy: A Comparative Liberty. less and nothing But of from very different social positions. to add. For my own critique Martha C. Sridharan. what institution. MacKinnon. .19) John Stuart Mill. Sudarshan. treatment to show them equal affirmative action or any sort that finds 18 (cited 19 For in note For further discussion 5). 2003). sex equality and its manifestation in recent 2002) (analyzing Indian constitutional the tension between For and privacy a shortened to make her an "instrument lack of rights allows her husband of an animal function"). to Do with It? A Comparative What's Privacy Got to the Feminist in Sibyl A." and that a wife's version. See also Catharine Theory of see generally of the notion of privacy. Radical. Nussbaum. Varouxakis and Paul Kelly. or decisional that ever in The Subjection of Women. Constitution: eds. a particularly of these. 242 (Anthem Controversies Ideas. Mill's Feminism: and Queer. bodily privacy means integrity. MacKinnon. the devastating such "arguments" critique they deserved. This difficulty is that of buying formally course into the idea that treatment similar treatment?nothing start if two human beings The type of liberalism respect means showing equal more. that was supposed it certainly an institution that protects could not have meant women's privacy. Approach and the United States Constitution: and Practice 153 (Columbia History. Women Critique. as a wife is. ed. nations inconsistent. eds. Approach in Zoya Hasan. Roe v. of the word. as has often been noted. see Nussbaum. MacKinnon. ism Unmodified: the right resources the State see generally and influential form of this critique. The Feminist Critique of Liberalism at 63-71 A. structure). John Stuart Mill: Thought and Influence?A Bicenten Georgios nial Reappraisal how Mill's views provide into radical (forthcoming 2008) (explaining insight to criticisms made by feminists feminist thought and can respond against liberalism). views at 64 (cited in The Feminist Critique of Liberalism note 5) (recounting Mill's that liberalism with legal reform of the family is consistent arguments See generally Martha C. Femin Privacy Beyond on Life and Law 93 (Harvard of Discourses that the conception 1987) (arguing as a right to privacy to an abortion reinforces of power distributions and preexisting in the private A. Nussbaum. E. 21 I discuss Mill's in Nussbaum. (Harvard 1989). Schwarzenbach and Patricia Smith.) They family from the scrutiny of the normative liberal principle of equal respect. and R. but they women from whose the humanity African-Americans therefore completely equal worth and members exempted they asserted. Nussbaum. Interpretation. it does not infect the work of the great philosophical liberals. eds. to mean. (Sometimes they did this via the flagrantly self-serving claim is not a political the family but a "private" one. see generally Martha C. in Liberal. India's Living 190-94 jurisprudence). Sex Equality.2008] need Defending a Radical Liberalism 995 to protect form of such a defective for politics it.8 to women's factors equality?Two legal attention The first and most is that most male factor obvious liberals were flagrantly exempted (Often. come up with come to mind. ist Critique. Toward a Feminist sphere). auton whether solitude. The Subjection of Women (Hackett 1988) (arguing is a slave to the same lengths.Wade. and in so full a sense. of colonized the patriarchal they exempted as well. succinct Catharine v. it will often require formally different respect. They prated on about equal worth.20 omy.21 little that a modern feminist needs gave already and there is The other difficulty seems peculiar to legal liberalism. Equality: in Catharine A. Practices.

West is closer them. long been recognized. I believe. is What remains intact. a liberalism in that recognition. Although her work has played its feminism. for it is one of the most of the social world respect for each to demand and every of it a politics being. one can radical demands is itself radical.996 The University of Chicago Law Review [75:985 of differential treatment intrinsically problematic reflected sufficiently errors of The since ference part that make equal radical feminism than feminism on equal worth liberal legalism exposed to radical and what have is a type that has not ever to dif it requires. that really expresses human .

Sign up to vote on this title
UsefulNot useful