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Law of Her Own : The Reasonable Woman as a Measure of Man - Caroline A. Forell

Law of Her Own

The Reasonable Woman as a Measure of Man

Hardcover Published: 1st January 2000
ISBN: 9780814726761
Number Of Pages: 261

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Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.

In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.

A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.

Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

Industry Reviews

"Pragmatic and action-oriented, Forell and Matthews take up the challenge of discovering why sexual harassment doctrine and other feminist-inspired law reforms in the last generation have not been more effective in eliminating sexual bias and violence against women."

-Martha Chamallas, University of Pittsburgh School of Law

Forewordp. xiii
Acknowledgmentsp. xv
Introductionp. xvii
A Note on Sources and Citationp. xxii
The Idea and the Reality
Locked In and Locked Outp. 3
The Legal Status of Womenp. 4
The Reasonable Person and the Status Quop. 5
The Meaning of Equalityp. 8
Difference as a Double Bindp. 9
The Sources of Differencep. 12
Equality on Women's Termsp. 14
The Reasonable Woman Appliedp. 17
Sexual Harassment in the Workplace
Men, Women, and Sex at Workp. 23
The Evolution of Hostile Environment Sexual Harassmentp. 25
Why Courts Should Adopt the Reasonable Woman Standardp. 28
How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Casesp. 34
Why It Mattersp. 34
Love It or Leave It: Rabidue v. Osceola Refining Co.p. 35
The Majority's Storyp. 36
The Dissent's Storyp. 39
Don't Try to Change Things: Robinson v. Jacksonville Shipyards, Inc.p. 42
The Trial Judge's Storyp. 44
The Plaintiff's Expertsp. 48
The Defendant's Expertsp. 50
Can't You Take A Joke? Harris v. Forklift Systems, Inc.p. 55
The Harris Factsp. 56
Charles Hardy's Storyp. 59
The Magistrate's Storyp. 61
The Supreme Court Opinionsp. 66
Gender, Race, Sexual Orientation, and the Reasonable Womanp. 70
Female-on-Male Sexual Harassmentp. 71
Male-on-Male "Macho" Sexual Harassmentp. 73
Gay Men and Lesbians and Sexual Harassmentp. 78
The Reasonable Woman and Essentialismp. 83
Questions and Complexitiesp. 93
The Reasonable Woman after Harris v. Forklift Systemsp. 97
Once a Model, Always a Model: Dellert v. Total Vision, Inc.p. 98
Smoke Gets in Your Eyes: Baskerville v. Culligan International Companyp. 103
"My Girl": Eckroth v. Rockford Products Co.p. 109
Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North Americap. 111
Making a Differencep. 119
Stalking and the Gendered Meaning of Reasonable Fearp. 123
Stalking Lawp. 130
Stalking Remediesp. 130
Reasonable Fear--A Woman's Perspectivep. 133
Incorporating Women's Perspectivesp. 135
The Continuum of Stalking, Sexual Harassment, and Domestic Homicidep. 138
Stalking and Sexual Harassmentp. 138
The Love-Struck Stalker: Ellison v. Bradyp. 139
No Such Thing as an Unlisted Number: Fuller v. City of Oaklandp. 144
Stalking and Domestic Homicidep. 148
"Sorry, Lady"p. 149
Sometimes the Stalker Loses Toop. 151
Domestic Homicide
Slips in a Dangerous Gamep. 157
The Spectrum of Domestic Violencep. 157
Why People Kill Their Intimatesp. 161
The Law of Domestic Homicidep. 163
Domestic Homicide and the Reasonable Womanp. 167
"Provoked" Intimate Homicidep. 170
The Law of "Crimes of Passion"p. 172
The Reasonable Woman and Passion/Provocation Homicidep. 175
The Casesp. 178
"There Are Murders and There Are Murders"p. 180
A False Parity: The "Domestic Dispute"p. 183
Blinders on Justice: People v. Berryp. 185
Stalking Shows His Distress, Lessening the Crime: Farinas v. Statep. 189
Prepared for Deadly Rage: Moye v. Statep. 192
A Real Crime of Passion: "Rough Sex"p. 193
On the Importance of Wordsp. 195
When Battered Women Killp. 197
The Law of Self-Defensep. 200
When Battered Women Assert Self-Defensep. 203
Damned If She Does: Commonwealth v. Stonehousep. 207
Sometimes They Get It (Almost) Rightp. 214
The Reasonable Woman and Self-Defensep. 216
Rape and the Use and Misuse of the Reasonable Womanp. 221
The Law of Rapep. 226
Women, Sex, and the Male Gazep. 227
Unrapeable Womenp. 229
How Can You Rape Your Own Wife?p. 232
"She Asked for It"p. 234
How Many Prostitutes Must He Rape before a Man Is a Rapist?p. 235
Getting It Rightp. 237
What Would a Reasonable Woman Do?p. 239
Postscriptp. 241
Referencesp. 243
Books, Journals, Articles, Briefs, and Reportsp. 243
Casesp. 252
Statutesp. 254
Indexp. 255
About the Authorsp. 261
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780814726761
ISBN-10: 0814726763
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 261
Published: 1st January 2000
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 23.55 x 16.05  x 2.46
Weight (kg): 0.53