Real Choices: Feminism, Freedom, and the Limits of Law

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Penn State Press, 2001 - Social Science - 259 pages

Grounded in the history of political thought, and illuminated by legal studies and feminist theory, this book offers a challenging new approach to thinking about liberty in the wake of decades of criticism of liberalism from feminists, communitarians, and conservatives alike. Fundamental to this approach is the author's argument that liberty and equality are not inconsistent values and that political theory would do well to abandon the dichotomy between &"negative&" and &"positive&" liberty.

The principles of liberty Jamieson proposes&—identity, privacy, and agency&—are not meant to be rigid or universal but rather contextualist and contingent. To demonstrate these principles, she offers a series of three case studies of legal conflicts: for identity, heightened constitutional protection for homosexuals; for privacy, regulation of assisted reproduction such as surrogacy and sperm donation; and for agency, the rights and responsibilities of battered women.

 

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Contents

Introduction
1
Feminist Theorys Fatal Flaw
15
Understanding Canonical Conceptions of Liberty
39
Theoretical Explorations and Practical Considerations
71
Liberty and Identity in the Shadow of Romer v Evans
83
Surrogate Mothers Sperm Providers and the Limits of Liberty
119
6 Two Wrongs Any Rights? Intimate Violence and the Role of Liberty
167
7 Toward a Feminist Theory of Liberty
221
Cases Cited
235
Bibliography
237
Index
247
Back Cover
260
Copyright

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About the author (2001)

Beth Kiyoko Jamieson is Lecturer in the Department of Politics at Princeton University.

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