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Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins
Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins
Faculty Scholarship
What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …