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: 77

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Date posted: June 8, 2010  

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

Contact Information

Yxta Maya Murray (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
(213)736-8169 (Phone)

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