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Full-Text Articles in Law

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes Jan 2002

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

Feminist Scholarship

INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …


Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes Jan 2002

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …