Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-26T05:55:12.115Z Has data issue: false hasContentIssue false

11 - Equality: Still Illusive After All These Years

Published online by Cambridge University Press:  05 August 2012

Linda C. McClain
Affiliation:
Boston University
Joanna L. Grossman
Affiliation:
Hofstra University, New York
Get access

Summary

The title of this chapter owes a debt to Paul Simon, although his phrase is “still crazy after all these years.” He uses it to describe the feelings that are generated when he meets an “old lover” on the street, who seems glad to see him. After a few beers together, they go their separate ways, and he reflects on the fact that he is not the kind who tends to socialize, but seems to “lean on old familiar ways,” “longing [his] life away,” “still crazy after all these years.” I think of equality as that old lover, as illusive as ever, meeting and mixing, then going its separate way, leaving the feminist leaning and longing for it – still crazy after all these years.

In this chapter, I will propose that one way to render equality less illusive is to move beyond gender and build a more comprehensive framework on the concept of universal human vulnerability. I propose a new theoretical investigation, one that focuses on privilege as well as discrimination and reflects on the benefits allocated through the organization of society and its institutional structures. Such an approach could move us closer to securing substantive equality and social rights in the United States.

The concept of equality is traditionally associated with the rise of the philosophy of liberal individualism. It also is often cited as the key animating principle of modern feminism.

Type
Chapter
Information
Gender Equality
Dimensions of Women's Equal Citizenship
, pp. 251 - 266
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Fineman, Martha Albertson, The Autonomy Myth: A Theory of Dependency(New York: New Press, 2004), at 25–28Google Scholar
Fineman, Martha Albertson, The Illusion of Equality: The Rhetoric and Reality of Divorce Reform(Chicago: University of Chicago Press, 1991)Google Scholar
Fineman, Martha L., “Implementing Equality: Ideology, Contradiction and Social Change,” 1983 Wis. L. Rev.789 (1983)Google Scholar
Fineman, Martha L., “Illusive Equality: On Weitzman's Divorce Revolution,” 1986 Am. B. Found. Res. J.781 (1986)Google Scholar
Fineman, Martha L., “A Reply to David Chambers,” 1987 Wis. L. Rev.165 (1987)Google Scholar
Fineman, Martha, “Dominant Discourse, Professional Language, and Legal Change in Child Custody Decisionmaking,” 101 Harv. L. Rev.727 (1988)CrossRefGoogle Scholar
Fineman, Martha L., “The Politics of Custody and the Transformation of American Custody Decision Making,” 22 U.C. Davis L. Rev.829 (1989)Google Scholar
Fineman, Martha L., “Introduction to the Papers: The Origins and Purpose of the Feminism and Legal Theory Conference,” 3 Wis. Women's L. J.1 (1987)Google Scholar
Fineman, Compare, Autonomy Myth, with Fineman, Martha Albertson, “The Vulnerable Subject: Anchoring Equality in the Human Condition,” 20 Yale J. L. and Feminism1 (2008)Google Scholar
Norton, Mary Beth, Founding Mothers and Fathers: Gendered Power and the Forming of American Society(New York: Alfred A. Knopf, 1996)Google Scholar
Fraser, Nancy and Gordon, Linda, “A Genealogy of Dependency: Tracing a Keyword of the U.S. Welfare State,” 19 Signs309 (1994)CrossRefGoogle Scholar
Mendes, Errol P., “The Charter and Its Constitutional Lineage: An Evolving Template of Distributive Justice for Reconciling Diversity, Collective Rights of National Minorities and Individual Rights?”, 22 Nat'l J. Const. L.61, 84 (Dec. 2007)Google Scholar
Marjury, Diana, “Equality and Discrimination According to the Supreme Court of Canada,” 4 Canadian Journal of Women & the Law407 (1991)Google Scholar
Lepofsky, M. David, “The Canadian Judicial Approach to Equality Rights: Freedom Ride or Roller Coaster?”, 55 Law & Contemp. Probs.167, 170, 177 (Winter 1992)CrossRefGoogle Scholar
Liptak, Adam, “U.S. Court, a Longtime Beacon, Is Now Guiding Fewer Nations,” New York Times, Sept. 17, 2008, at A1Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×