Feminist Foundations for the Law of Business: One Law and Economics Scholar's Survey and (Re)View
Barbara Ann White
University of Baltimore - School of Law
UCLA Women's Law Journal, Vol. 10, No. 1, 1999
University of Baltimore School of Law Legal Studies Research
The purpose of this Essay is to suggest frameworks and modes of inquiry for applying feminist legal analysis to business law and the related theory of law and economics. It does so in two ways. One is to assess works already written by feminist scholars in the business law arena, highlighting how those contributions have begun to pave the way towards enriching the scope of business law analysis. The other is to offer two new roles for feminist jurisprudence. One role is to define just (that is, fair) distributions of rights and the other role is to define social judgments of value, both within the context of law and economics' efficiency criteria for efficient allocation and cost benefit analyses. As a result, this Essay demonstrates that feminist jurisprudence can find fruitful roles consistent with its moral goals through interaction with law and economics, particularly with regard to analyzing business law issues.
Number of Pages in PDF File: 65
Keywords: Feminist Legal Theory, Business Law, Law and Economics, Feminist Jurisprudence, Fairness, Public Choice, Welfare Maximization, Efficiency Criteria, Cost Benefit Analysis, Rights distribution, Cultural feminism, Business Torts, China, Free Markets, Chicago School, Mass Torts
JEL Classification: K19, K39, A13, J16, Z00working papers series
Date posted: August 29, 2009 ; Last revised: June 23, 2010
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