A Law of Her Own

The Reasonable Woman as a Measure of Man

By: Caroline Forell, Donna Matthews

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Hardcover | 31 January 2000

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261 Pages

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22.86 x 15.24 x 1.91

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Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.
In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.
A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.
Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

Industry Reviews

A Law of Her Own will be an eye-opener to anyone who believes that the law has become even-handed in its treatment of gender. Very logically and politely, Forell and Matthews argue for one tiny change in the law that could finally balance the scales between the sexes. Reasonable men, as well as women, will be persuaded.--Barbara Ehrenreich

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You Can Find This Book In

Non-Fiction Law Jurisprudence & General Issues Law & Society Gender & The Law Jurisprudence & Philosophy of Law Society & Culture Social Groups Gender Studies Gender Studies: Women and Girls Systems of Law Laws of Specific Jurisdictions

Social Law Criminal Law & Procedure Family & Health Relationships & Families: Advice & Issues Constitutional & Administrative Law Social Issues & Processes Feminism & Feminist Theory

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Paperback

Published: 31st May 2001

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Foreword	p. xiii
Acknowledgments	p. xv
Introduction	p. xvii
A Note on Sources and Citation	p. xxii
The Idea and the Reality
Locked In and Locked Out	p. 3
The Legal Status of Women	p. 4
The Reasonable Person and the Status Quo	p. 5
The Meaning of Equality	p. 8
Difference as a Double Bind	p. 9
The Sources of Difference	p. 12
Equality on Women's Terms	p. 14
The Reasonable Woman Applied	p. 17
Sexual Harassment in the Workplace
Men, Women, and Sex at Work	p. 23
The Evolution of Hostile Environment Sexual Harassment	p. 25
Why Courts Should Adopt the Reasonable Woman Standard	p. 28
How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Cases	p. 34
Why It Matters	p. 34
Love It or Leave It: Rabidue v. Osceola Refining Co.	p. 35
The Majority's Story	p. 36
The Dissent's Story	p. 39
Don't Try to Change Things: Robinson v. Jacksonville Shipyards, Inc.	p. 42
The Trial Judge's Story	p. 44
The Plaintiff's Experts	p. 48
The Defendant's Experts	p. 50
Can't You Take A Joke? Harris v. Forklift Systems, Inc.	p. 55
The Harris Facts	p. 56
Charles Hardy's Story	p. 59
The Magistrate's Story	p. 61
The Supreme Court Opinions	p. 66
Gender, Race, Sexual Orientation, and the Reasonable Woman	p. 70
Female-on-Male Sexual Harassment	p. 71
Male-on-Male "Macho" Sexual Harassment	p. 73
Gay Men and Lesbians and Sexual Harassment	p. 78
The Reasonable Woman and Essentialism	p. 83
Questions and Complexities	p. 93
The Reasonable Woman after Harris v. Forklift Systems	p. 97
Once a Model, Always a Model: Dellert v. Total Vision, Inc.	p. 98
Smoke Gets in Your Eyes: Baskerville v. Culligan International Company	p. 103
"My Girl": Eckroth v. Rockford Products Co.	p. 109
Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North America	p. 111
Making a Difference	p. 119
Stalking
Stalking and the Gendered Meaning of Reasonable Fear	p. 123
Stalking Law	p. 130
Stalking Remedies	p. 130
Reasonable Fear--A Woman's Perspective	p. 133
Incorporating Women's Perspectives	p. 135
The Continuum of Stalking, Sexual Harassment, and Domestic Homicide	p. 138
Stalking and Sexual Harassment	p. 138
The Love-Struck Stalker: Ellison v. Brady	p. 139
No Such Thing as an Unlisted Number: Fuller v. City of Oakland	p. 144
Stalking and Domestic Homicide	p. 148
"Sorry, Lady"	p. 149
Sometimes the Stalker Loses Too	p. 151
Domestic Homicide
Slips in a Dangerous Game	p. 157
The Spectrum of Domestic Violence	p. 157
Why People Kill Their Intimates	p. 161
The Law of Domestic Homicide	p. 163
Domestic Homicide and the Reasonable Woman	p. 167
"Provoked" Intimate Homicide	p. 170
The Law of "Crimes of Passion"	p. 172
The Reasonable Woman and Passion/Provocation Homicide	p. 175
The Cases	p. 178
"There Are Murders and There Are Murders"	p. 180
A False Parity: The "Domestic Dispute"	p. 183
Blinders on Justice: People v. Berry	p. 185
Stalking Shows His Distress, Lessening the Crime: Farinas v. State	p. 189
Prepared for Deadly Rage: Moye v. State	p. 192
A Real Crime of Passion: "Rough Sex"	p. 193
On the Importance of Words	p. 195
When Battered Women Kill	p. 197
The Law of Self-Defense	p. 200
When Battered Women Assert Self-Defense	p. 203
Damned If She Does: Commonwealth v. Stonehouse	p. 207
Sometimes They Get It (Almost) Right	p. 214
The Reasonable Woman and Self-Defense	p. 216
Rape
Rape and the Use and Misuse of the Reasonable Woman	p. 221
The Law of Rape	p. 226
Women, Sex, and the Male Gaze	p. 227
Unrapeable Women	p. 229
How Can You Rape Your Own Wife?	p. 232
"She Asked for It"	p. 234
How Many Prostitutes Must He Rape before a Man Is a Rapist?	p. 235
Getting It Right	p. 237
What Would a Reasonable Woman Do?	p. 239
Postscript	p. 241
References	p. 243
Books, Journals, Articles, Briefs, and Reports	p. 243
Cases	p. 252
Statutes	p. 254
Index	p. 255
About the Authors	p. 261
Table of Contents provided by Syndetics. All Rights Reserved.

A Law of Her Own

The Reasonable Woman as a Measure of Man

At a Glance

Hardcover

Industry Reviews

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Other Editions and Formats

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