77 Pages Posted: 8 Jun 2010
Date Written: June 7, 2010
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.
Suggested Citation: Suggested Citation
Murray, Yxta Maya, A Jurisprudence of Nonviolence (June 7, 2010). Connecticut Public Interest Law Journal, Vol. 9, p. 65, 2009; Loyola-LA Legal Studies Paper No. 2010-27. Available at SSRN: https://ssrn.com/abstract=1621917