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Liberal Rights Theory and Social Inequality: A Feminist Critique

Published online by Cambridge University Press:  25 March 2020

Abstract

Liberal rights theory can be used either to challenge or to support social hierarchies of power. Focusing on Ronald Dworkin's theory of rights and Catharine MacKinnon's feminist critique of liberalism, I identify a number of problems with the way that liberal theorists conceptualize rights. 1 argue that rights can be used to challenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.

Type
Research Article
Copyright
Copyright © 1999 by Hypatia, Inc.

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References

Brown, Wendy. 1995. States of injury: Power and freedom in late modernity. Princeton: Princeton University Press.Google Scholar
Cowan, Gloria. 1994. Racism and sexism in pornography. In The price we pay: The case against racist speech, hate propaganda, and pornography, ed. Lederer, Laura J. and Delgado, Richard. New York: Hill and Wang.Google Scholar
Crenshaw, Kimberle. 1989. Demarginalizing the intersection of race and sex: A black feminist critique of antidiscrimination doctrine, feminist theory, and antiracist politics. In Feminist legal theory: Readings in law and gender, ed. Bartlett, Katharine T. and Kennedy, Rosanne. Boulder: Westview Press.Google Scholar
Dworkin, Ronald. 1977. Taking rights seriously. Cambridge: Harvard University Press.Google Scholar
Dworkin, Ronald. 1984a. Liberalism. In Liberalism and its critics, ed. Sandel, Michael J.New York: New York University Press.Google Scholar
Dworkin, Ronald. 1984b. Rights as trumps. In Theories of rights, ed. Waldron, Jeremy. New York: Oxford University Press.Google Scholar
Dworkin, Ronald. 1985. A matter of principle. Cambridge: Harvard University Press.Google Scholar
Dworkin, Ronald. 1991. Two concepts of liberty. In Isaiah Berlin: A celebration, ed. Edna, and Margalit, Avishai. Chicago: The University of Chicago Press.Google Scholar
Dworkin, Ronald. 1993. Women and pornography. Review of Only words, by Catharine A. MacKinnon. New York Review of Books, 21 October, 3642.Google Scholar
Gardner, Tracey A. 1980. Racism in pornography and the women's movement. In Take back the night: Women on pornography, ed. Lederer, Laura. New York: William Morrow and Company.Google Scholar
Langton, Rae. 1990. Whose right? Ronald Dworkin, women, and pornographers. Philosophy & Public Affairs 19(4): 311–59.Google Scholar
MacKinnon, Catharine A. 1987. Feminism unmodified: Discourses on life and law. Cambridge: Harvard University Press.Google Scholar
MacKinnon, Catharine A. 1989. Toward a feminist theory of the state. Cambridge: Harvard University Press.Google Scholar
MacKinnon, Catharine A. 1991. Pornography as defamation and discrimination. Boston University Law Review 71: 793815.Google Scholar
MacKinnon, Catharine A. 1993a. Only words. Cambridge: Harvard University Press.Google Scholar
MacKinnon, Catharine A. 1993b. Prostitution and civil rights. Michigan Journal of Gender & Law 1: 1331.Google Scholar
MacKinnon, Catharine A., and Dworkin, Andrea. 1988. Pornography and civil rights: A new day for women's equality. Minneapolis: Organizing Against Pornography.Google Scholar
Minow, Martha, and Shanley, Mary Lyndon. 1996. Relational rights and responsibilities: Revisioning the family in liberal political theory and law. Hypatia 11(1): 429.CrossRefGoogle Scholar
Nozick, Robert. 1974. Anarchy, state, and Utopia. New York: Basic Books.Google Scholar
Peters, Julie, and Wolper, Andrea, eds. 1995. Women's rights, human rights: International feminist perspectives. New York: Routledge.Google Scholar
Schneider, Elizabeth M. 1986. The dialectic of rights and politics: Perspectives from the women's movement. In Women, the state, and welfare, ed. Gordon, Linda. Madison: University of Wiscons.Google Scholar
Williams, Patricia J. 1991. The alchemy of race and rights. Cambridge: Harvard University Press.Google Scholar
Zia, Helen. 1994. Where race and gender meet: Racism, hate crimes, and pornography. In The price we pay: The case against racist speech, hate propaganda, and pornography, ed. Lederer, Laura J. and Delgado, Richard. New York: Hill and Wang.Google Scholar