Abstract

http://ssrn.com/abstract=1705804
 


 



Playing with Fire: Feminist Legal Theorists and the Tools of Economics


Neil H. Buchanan


George Washington University Law School

November 8, 2010

FEMINISM CONFRONTS HOMO ECONOMICUS, Martha A. Fineman, Terence Dougherty, eds., Cornell University Press, 2005

Abstract:     
During the discussions at Professor Fineman’s recent feminist legal theory workshops, several participants argued that feminists should use the “tools” of mainstream economics to build a more rigorous foundation for their analyses. Feminist legal theorists, it was argued, had their hearts in the right place, but their arguments lacked sufficient intellectual (“hard-headed”) rigor to carry the day. Based on this view, the best strategy would be to use economic tools (which, these participants argued, are value neutral) to build a rigorous, logical foundation on which legal feminists could confidently stand. The problem – which applies to all areas of legal analysis, not just feminist legal theory – is that the use of so-called economic tools is almost certain to lead to the unintentional importation of hidden assumptions that permeate mainstream economics.

Number of Pages in PDF File: 37

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Date posted: November 9, 2010 ; Last revised: November 26, 2010

Suggested Citation

Buchanan, Neil H., Playing with Fire: Feminist Legal Theorists and the Tools of Economics (November 8, 2010). FEMINISM CONFRONTS HOMO ECONOMICUS, Martha A. Fineman, Terence Dougherty, eds., Cornell University Press, 2005. Available at SSRN: http://ssrn.com/abstract=1705804

Contact Information

Neil H. Buchanan (Contact Author)
George Washington University Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3875 (Phone)
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