171, 172 (1994) (“In spite of the best intentions of many domestic violence activists, who are mostly white women, the interests of many Black women are not served by asking the state for protection such as mandatory arrest laws.”) Victoria Law, Against Carceral Feminism, Jacobin (Oct. Ruttenberg, A Feminist Critique of Mandatory Arrest: An Analysis of Race and Gender in Domestic Violence Policy, 2 Am. 1271, 1287 (2004) (“Given the history of police brutality against lacks, many lack women are reluctant to enlist law enforcement to protect them.”) Miriam H. Roberts, The Social and Moral Cost of Mass Incarceration in African American Communities, 56 Stan. The positionality of these Other women is important because they often have personal experiences that make engagement with the state apparatus for punishment undesirable. & Gender 67, 68 (2016) (“nly a few scholars have advocated for the application of feminist legal theory to immigration, much less to the dilemma of the ever-widening gulf between the rights afforded to citizens and non-citizens.”). ![]() See Harris, supra note 3 Shirley Lin, “ And Ain’t I a Woman?”: Feminism, Immigrant Caregivers, and New Frontiers for Equality, 39 Harv. women, in that they are often outsiders in American society, not just because they are women, but also because they are women of color, poor, immigrant, less educated, disabled, and/or queer. These Other women include Black, Indigenous, Latinx, Asian, poor, disabled, queer, and other women not centered in the mainstream feminist discourse. In this piece, I use the term “Other women” to specify women who face subordination because of their gender identity and because of factors in addition to, and in interaction with, their gender identity in the United States. His analysis has been applied to subordinated groups more generally. Professor Edward Said introduced the concept of “the Other” in his seminal piece Orientalism, and described it as “a Western style for dominating, restructuring, and having authority over the Orient” in particular. 41, 41–42 (1999) (“The traditional feminist assumption is that gender binds women together. See Joan Williams, Implementing Antiessentialism: How Gender Wars Turn into Race and Class Conflict, 15 Harv. These privileges are immune from the pressures of multiple forms of subordination that form the interstitial web of inequality that many other women encounter. 581, 588 (1990) (critiquing gender essentialism, which is the “notion that there is a monolithic ‘women’s experience’ that can be described independent of other facets of experience like race, class, and sexual orientation”). ![]() Harris, Race and Essentialism in Feminist Legal Theory, 42 Stan. ![]() While feminist movements have expanded the opportunities available to women and girls, too often their means for achieving these accomplishments have been paved on a path of the privileges of feminist elites. Elizabeth Bernstein, The Sexual Politics of the “New Abolitionism,” differences, Fall 2017, at 128, 143. Professor Elizabeth Bernstein coined the term “carceral feminism” to describe the feminist commitment to “a law and order agenda and . . . a drift from the welfare state to the carceral state as the enforcement apparatus for feminist goals.” 2 × 2. ![]() Martin, Retribution Revisited: A Reconsideration of Feminist Criminal Law Reform Strategies, 36 OSGOODE HALL L.J. 581, 582 (2009) (“Some feminist scholars have begun to express grave concern that ‘a punitive, retribution-driven agenda’ now constitutes ‘the most publicly accessible face of the women’s movement.’” (quoting Dianne L. See Aya Gruber, Rape, Feminism, and the War on Crime, 84 WASH. In her new book, The Feminist War on Crime, Professor Aya Gruber provides a critique of feminists, who have sought political vindication through a governance of punishment.
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