More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? If women were regarded as human, would they be sold into sexual slavery worldwide; veiled, silenced, and imprisoned in homes; bred, and worked as menials for little or no pay; stoned for sex outside marriage or burned within it; mutilated genitally, impoverished economically, and mired in illiteracy--all as a matter of course and without effective recourse?
The cutting edge is where law and culture hurts, which is where MacKinnon operates in these essays on the transnational status and treatment of women. Taking her gendered critique of the state to the international plane, ranging widely intellectually and concretely, she exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation. And she points toward fresh ways--social, legal, and political--of targeting its toxic orthodoxies.
MacKinnon takes us inside the workings of nation-states, where the oppression of women defines community life and distributes power in society and government. She takes us to Bosnia-Herzogovina for a harrowing look at how the wholesale rape and murder of women and girls there was an act of genocide, not a side effect of war. She takes us into the heart of the international law of conflict to ask--and reveal--why the international community can rally against terrorists' violence, but not against violence against women. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.
The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.
Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here—many published for the first time—provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public—for example, the analysis of substantive equality. Others urge changes that have yet to be realized.
The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.
“Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come—always, but perhaps now more than ever.”
—Cass Sunstein, coauthor of Nudge
Under certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse—grounding and predicting the worldwide #MeToo movement—and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon.
“MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.”
—New York Times
“MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist… Butterfly Politics is a devastating salvo fired in the gender wars… This book has a single overriding aim: to effect global change in the pursuit of equality.”
—The Australian
“Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law—Title VII—could be used as a tool… It was the beginning of a field that didn’t exist until then.”
—U.S. Supreme Court Justice Ruth Bader Ginsburg
Catharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. MacKinnon offers a unique retrospective on the law of sexual harassment, which she designed and has worked for a decade to establish, and a prospectus on the law of pornography, which she proposes to change in the next ten years. Authentic in voice, sweeping in scope, startling in clarity, urgent, never compromised and often visionary, these discourses advance a new theory of sex inequality and imagine new possibilities for social change.
Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as a matter of sameness and difference—as virtually all existing theory and law have done—covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power. She reveals a political system of male dominance and female subordination that sexualizes power for men and powerlessness for women. She analyzes the failure of organized feminism, particularly legal feminism, to alter this condition, exposing the way male supremacy gives women a survival stake in the system that destroys them.
This book contains the oral testimony of victims of pornography, spoken on the record for the first time in history.
Speaking at hearings on a groundbreaking antipornography civil rights law, women offer eloquent witness to the devastation pornography has caused in their lives. Supported by social science experts and authorities on rape, battery, and prostitution, discounted and opposed by free speech advocates and absolutists, their riveting testimony articulates the centrality of pornography to sexual abuse and inequity today.
At issue in these hearings is a law conceived and drafted by Andrea Dworkin and Catharine A. MacKinnon that defines harm done through pornography as a legal injury of sex discrimination warranting civil redress. From the first set of hearings in Minneapolis in 1983 through those before the Massachusetts state legislature in 1992, the witnesses heard here expose the commonplace reality of denigration and sexual subordination due to pornography and refute the widespread notion that pornography is harmless expression that must be protected by the state.
Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a conflict over the meaning of democracy itself--a major civil rights struggle for our time and a fundamental crisis in United States constitutional law: Can we sacrifice the lives of women and children to a pornographer's right to free "speech"? Can we allow the First Amendment to shield sexual exploitation and predatory sexual violence? These pages contain all the arguments for protecting pornography--and dramatically document its human cost.
In the past twenty-five years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she "has made it easier for other women to seek justice." This collection, the first since MacKinnon's celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.
By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women's actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.
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