What Is “Feminist” Legal History?

Stanton and AnthonyA student asked me this question: may legal history scholarship properly be categorized as “feminist” because it includes (or even centers) women in an otherwise conventional narrative?  I think the answer is no, not any more.  Writing about women’s experiences at one point may have been a “feminist” act, but that is no longer true.

Pat Cain has described feminist legal scholarship as work which “seeks to analyze the law’s effect on women as a class…[T]his analysis is formed by a distinctly feminist point of view, a point of view that is shaped by an understanding of women’s life experiences….[L]egal scholarship is not feminist unless it is grounded in women’s experience.” 

I agree that sensitivity to women’s experiences is a necessary precondition to feminist scholarship (whether legal history or not).  I would add, however, that the same sensitivity, standing alone, does not make scholarship “feminist.” 

Thoughts from others?

-Bridget Crawford

No Responses to “What Is “Feminist” Legal History?”

  1. Ann Bartow says:

    I think it is making women the center and focus of legal analysis, rather than leaving us at the “othered periphery,” where law typically positions us.