Posts Tagged ‘Women and the Law Stories’

Nikki Godden

Nikki is a doctoral student at Durham Law School, Durham University. She is co-creator and editor of Inherently Human.

Elizabeth M Schneider & Stephanie M Wildman (2011) Women and the Law Stories (Foundation Press)

Women and the Law Stories is a wonderful collection which tells the litigants’ tales that are a part of, but are typically excluded from, the legal history of landmark US cases which focus on women’s rights.  Chapters explore and evaluate feminist critiques of the relevant case, area of law and legal concepts in light of and in relation to these stories. The editors introduce the collection explaining that the telling and hearing of women’s stories (and, more generally, those of the powerless, disadvantaged or oppressed groups in society) has been a cornerstone of feminist method, practice and theory.[1] Or as put by Ann C Dailey, ‘the use of storytelling reflects a belief that personal and situated narrative is central to a proper understanding of justice’.[2] However, storytelling is not just a means to an end; it has an important normative dimension which reflects the idea that all voices, all storytellers, are equal and yet diverse and unique in many ways.[3] Embracing and following this storytelling tradition, the book reveals the ‘less well known’ personal narratives which ‘deserve wider recognition’.[4] In so doing, it challenges the dominant stories of these cases, and the ‘conventions of legal scholarship and institutional histories’.[5] To this end, the last chapter is a ‘hidden’ story, an ‘everyday’ case, which highlights ‘women’s experiences of anonymity and invisibility in the legal system’ and legal literature and mainstream scholarship.[6] While the stories are therefore valuable in themselves, the chapters also reflect on and interrogate feminist debates, approaches and concepts –  such as ‘gender stereotyping’ (Chamallas), equality  (Bartlett) equal versus special treatment (Wildman), access to healthcare and abortion (Copelon and Law) – exploring the implications for today and potential ways in which to move forwards in feminist legal theory and law reform. (more…)

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