University of Colorado Law School
April 23, 2013
50 Houston Law Review 1325 (2013)
Today it is prosaic to say that “feminism is dead.” Far from being moribund, feminist legal theory is breaking from its somewhat dogmatic past and forging ahead with new vigor. Many modern feminist legal scholars seek innovative ways to better the legal, social, and economic status of women while simultaneously questioning some of the more troubling moves of second-wave feminism, such as the tendency to essentialize the woman’s experience, the turn to authoritarian state policies, and the characterization of women as pure objects or agents. These “neofeminists” prioritize women’s issues but maintain a strong commitment to distributive justice and recognize that subordination exists on multiple axes. In defining “neofeminism,” this Article examines how the troubling nature of certain second-wave feminist principles engendered new schools of feminist thought. It then illustrates this process in the domestic violence law reform context. The Article concludes that recognizing a new and vibrant progressive feminism can counter exaggerated claims of feminism’s demise, the belief that feminism has been devastated by postmodern critique, and the appropriation of the feminist label by conservative women’s groups.
Number of Pages in PDF File: 66
Keywords: Feminism, Domestic Violence, Rape, Sexual Assault, Essentialism, Critical Race Theory
JEL Classification: K19, K14, K42Accepted Paper Series
Date posted: October 10, 2013 ; Last revised: October 24, 2013
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