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A Law of Her Own: The Reasonable Woman as a Measure of Man
 
 
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A Law of Her Own: The Reasonable Woman as a Measure of Man [Hardcover]

Caroline Forell (Author), Donna Matthews (Author)
5.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

January 1, 2000

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.


Editorial Reviews

Review

"The biases that underpin our legal system are far more difficult to change than individual laws. Forell and Matthews cut to the heart of the matter by replacing the 'reasonable man' standard with 'reasonable woman,' a step toward a future in which laws are made by and for reasonable human beings. A Law of Her Own is readable, revealing, and important to everyone."

-Gloria Steinem,

"A very thoughtful and thorough analysis of the logical reasons a reasonable woman standard should apply. Well-supported and clear, with plenty of examples supporting their argument for the viability of a reasonable woman standard. I highly recommend it to anyone with an interest in the law of sexual harassment, stalking, homicide, or rape."

-Susan Estrich,University of Southern California, School of Law

"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,

"Pragmatic and action-oriented, Forell and Matthews take up the challenge of discovering why sexual harassment doctrine and other feminist-inspired law reforms in the last generation have not been more effective in eliminating sexual bias and violence against women."

-Martha Chamallas,University of Pittsburgh School of Law

"This lucidly written book marks a significant advance in feminist legal scholarship. Central to it is the simple but brilliant idea that, in certain legal situations, what counts as appropriate conduct—for men as well as women—should be assessed from the perspective of a reasonable woman. By insisting that this norm be applied only in situations involving sex, sexism, and aggression, the authors cut incisively through the sameness-difference dilemma that has long bedeviled feminist legal scholarship; they also address charges of essentialism by acknowledging that additional standards may sometimes be applicable. Utilizing a straightforward, non-technical style that—incredibly—dispenses with footnotes, the book demonstrates that existing law is still, in some respects, a 'warrior code' and points the way to a more just and respectful future."

-Alison M. Jaggar,Professor of Philosophy, University of Colorado

About the Author

Caroline Forell is Professor of Law at the University of Oregon.



Donna Matthews is an attorney in private practice in Oregon.


Product Details

  • Hardcover: 261 pages
  • Publisher: NYU Press; 1St Edition edition (January 1, 2000)
  • Language: English
  • ISBN-10: 0814726763
  • ISBN-13: 978-0814726761
  • Product Dimensions: 9.3 x 6.3 x 1 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #3,835,015 in Books (See Top 100 in Books)

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Average Customer Review
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10 of 10 people found the following review helpful:
5.0 out of 5 stars a law of her own, February 17, 2000
This review is from: A Law of Her Own: The Reasonable Woman as a Measure of Man (Hardcover)
Written in a straightforward, non legalistic style, this book is a very thorough and thoughtful analysis of why the "Reasonable Woman" standard should be applied to both male and female defendants and victims, in situations involving sex, sexism, and aggression.

Each chapter starts with a study of an actual court case, which the authors then analyze from the point of view of both the Reasonable Man standard which is used in most courts, and the Reasonable Woman standard that they advocate.

They offer compelling arguments to support their contention that the Reasonable Woman standard not only results in truer justice, but at the same time elevates society's standards of conduct.

For centuries, it has been said that "women civilize" a culture. This book convinces the reader that the time is ripe for the "Reasonable Woman" to civilize our justice sustem.

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4 of 5 people found the following review helpful:
5.0 out of 5 stars A change is long overdue., April 18, 2000
This review is from: A Law of Her Own: The Reasonable Woman as a Measure of Man (Hardcover)
This is a book about human beings, and what behaviouir they will justify - and will try to get away with - if they are allowed.

There are so many striking aspects to this book. It's hard to believe that women can suffer so much abuse, and men can continue to dish it out, and men don't have to face the consequences, and women's suffering isn't acknowledged. This is graphic stuff, and it sure isn't sex and violence for entertainment.

Another striking element is how utterly reasonable the authors' presence is, as they painstakingly take us through these criminal offences. And they write as one; you can never tell one author's style from the other's. It is real synergy.

The book reinforces a powerful message. We have to treat each other with respect and integrity; and when we don't, we should be held responsible for our actions.

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