Abstract

http://ssrn.com/abstract=1033119
 
 

Footnotes (156)



 


 



Catharine MacKinnon May Not Be Enough: Legal Change and Religion in Catholic and Sunni Jurisprudence


Russell Powell


Seattle University School of Law

January 6, 2011

Georgetown Journal of Gender and the Law, Vol. 8, No. 1, 2007
Islamic Law and Law of the Muslim World Paper No. 08-08

Abstract:     
This article asserts that legal change in systems influenced by religion requires a legitimizing hermeneutic rooted in sacred texts and tradition. I argue that a number scholars of legal history (Michael Klarman), feminist jurisprudence (Catharine MacKinnon, Katherine Bartlett and Elizabeth Schneider) and narrative theory (Jacques Derrida, Richard Delgado and Jean Stefancic) explicitly or implicitly accept that legal reform is in some sense determined by underlying social shifts attributed variously to public opinion, consciousness or narrative. Although I generally agree with this view, my research comparing the law and theory governing divorce and leadership by women in Roman Catholicism and Sunni Islam indicates that religious communities require the additional step of a hermeneutic to validate legal change. Thus, proposed legal reform in cultures influenced by religious thought (even if only on select issues) ought to address hermeneutics in order to be successful.

Number of Pages in PDF File: 42

Keywords: Law and Religion, Women and Law, Feminist, Islamic, Catholic, Comparative, Gender, Legal Theory, Jurisprudence

JEL Classification: N40

Accepted Paper Series


Download This Paper

Date posted: November 28, 2007 ; Last revised: January 9, 2011

Suggested Citation

Powell, Russell, Catharine MacKinnon May Not Be Enough: Legal Change and Religion in Catholic and Sunni Jurisprudence (January 6, 2011). Georgetown Journal of Gender and the Law, Vol. 8, No. 1, 2007; Islamic Law and Law of the Muslim World Paper No. 08-08. Available at SSRN: http://ssrn.com/abstract=1033119

Contact Information

Russell Powell (Contact Author)
Seattle University School of Law ( email )
901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

Feedback to SSRN


Paper statistics
Abstract Views: 2,922
Downloads: 172
Download Rank: 102,031
Footnotes:  156

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.359 seconds