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Full-Text Articles in Civil Rights and Discrimination
(Un)Common Law And The Female Body, Lolita Buckner Inniss
(Un)Common Law And The Female Body, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …