A Law of Her Own: The Reasonable Woman as a Measure of Man

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NYU Press, May 1, 2001 - Law - 261 pages
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Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.

In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.

A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.

Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

 

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Contents

The Meaning of Equality
8
Sexual Harassment in the Workplace
21
How and Why Different Perspectives Matter
34
Gender Race Sexual Orientation and
70
The Reasonable Woman after Harris v Forklift Systems
97
Stalking
123
The Continuum of Stalking Sexual Harassment
138
Domestic Homicide
155
Provoked Intimate Homicide
170
When Battered Women Kill
197
Rape
219
Postscript
241
Index
255
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About the author (2001)

Caroline Forell is Professor of Law at the University of Oregon.

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