Judith A. Baer - Böcker

eproductive rights refers to a range of claims concerning whether, when and how to have children. Beneath this clear statement lays the most contentious political, legal, and cultural issue in America today. Involving the self, the family, and the State, women's reproductive rights generates much impassioned argument but painfully little agreement. Topics and authors take on diverse and often clashing positions, highlighting this issue's complex and highly charged nature. Arranged alphabetically by topic, articles representing racial and ethnic groups' experiences figure prominently, as do the effects of age, class, education, health, religion, and sexual preference on childbearing and -rearing practices, in and out of wedlock. It also includes articles on laws, court cases, political attitudes, prominent activists, and technological advances as they relate to reproductive rights. Entries are written by highly regarded scholars, are cross-referenced, and conclude with suggested further readings.Designed to introduce and inform the reader to this extremely difficult topic, Baer's ecumenical approach exposes us to a variety of opinions from support for current abortion policies to the building movement for fetal rights. Only reasoned opinions supported by hard evidence are included, and no attempt was made to mute the often incommensurable opinions expressed within. This book will be a valuable resources for students, scholars, and any person interested in learning about the multiplicity of perspectives on this important issue that is at the heart of our current culture wars.

According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility.In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions. The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women. Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution's Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment's ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare-and possibly socialist-post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society.Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism.Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.

Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare-and possibly socialist-post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society.Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism.Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.