A Jurisprudence of Nonviolence
Yxta Maya Murray
Loyola Law School Los Angeles
June 7, 2010
Connecticut Public Interest Law Journal, Vol. 9, p. 65, 2009
Loyola-LA Legal Studies Paper No. 2010-27
In "A Jurisprudence of Nonviolence," Loyola Law School Professor Yxta Maya Murray develops a legal theory of nonviolence, using the work of cultural feminists, Mohandas Gandhi, Martin Luther King, critical race theorists, and queer legal theorists. Professor Murray essays a definition of “violence” and posits standards for determining when violence is “avoidable,” and thus wrong. Upon merging this theory with a constitutional due process analysis, Professor Murray then proposes a constitutional right of nonviolence. Thereafter, she uses Gonzales v. Carhart, the 2007 Supreme Court “partial-birth” abortion opinion, as a case study. Professor Murray determines that the decision was wrongly decided under a jurisprudence of nonviolence, and concludes by sketching out the difficult issues that arise when considering nonviolence politics and jurisprudence in connection with the abortion right.
Number of Pages in PDF File: 77Accepted Paper Series
Date posted: June 8, 2010
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