Catharine MacKinnon’s Feminist Jurisprudence In The Classroom

Next week, students in my Philosophy of Law class will read and discuss Catharine MacKinnon‘s ‘Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence‘  (Signs, Vol. 8, No. 4 (Summer, 1983), pp. 635-658). MacKinnon’s writings have featured once before on my reading lists–for my graduate ‘Nature of Law’ seminar at the City University Graduate Center in 2015. She is always a teaching challenge: she is provocative, invariably evoking strong reactions from her readers, and often, a dense read. No matter what the class’ reaction to the assigned reading as students read it on their own, I’m reasonably hopeful that passages like the following will provoke discussion when we gather in the classroom:

Feminism does not begin with the premise that it is unpremised. It does not aspire to persuade an unpremised audience because there is no such audience. Its project is to uncover and claim as  valid the experience of women, the major content of which is the devalidation of women’s experience.

This defines our task not only because male dominance is perhaps the most pervasive and tenacious system of power in history, but because it is metaphysically nearly perfect. Its point of view is the standard for point-of-viewlessness, its particularity the meaning of universality. Its force is exercised as consent, its authority as participation, its supremacy as the paradigm of order, its  control as the definition of legitimacy. Feminism claims the voice of women’s silence, the sexuality of our eroticized desexualization, the fullness of “lack,” the centrality of our marginality and exclusion, the public nature of privacy, the presence of our absence. This approach is more complex than transgression, more transformative than transvaluation, deeper than mirror-imaged resistance, more affirmative than the negation of our negativity. It is neither materialist nor idealist; it is feminist. Neither the transcendence of liberalism nor the determination of materialism works for us. Idealism is too unreal; women’s inequality is enforced, so it cannot simply be thought out of existence, certainly not by us. Materialism is too real; women’s inequality has never not existed, so women’s equality never has. That is, the equality of women to men will not be scientifically provable until it is no longer necessary to do so. Women’s situation offers no outside to stand on or gaze at, no inside to escape to, too much urgency to wait, no place else to go, and nothing to use but the twisted tools that have been shoved down our throats. If feminism is revolutionary, this is why.

I hope to write here next week on the how the classroom discussion went.

Mass Incarceration And Teaching Philosophy Of Law

This coming spring semester, as in the just-concluded fall semester, I will be teaching Philosophy of Law. As I get down to thinking about my syllabus, one imperative seems overriding: I must ‘do more’ on mass incarceration (and related topics like the theory of punishment and the death penalty.) No topic seems more important, pressing, and urgent in today’s United States. In the face of the brutal particulars of mass incarceration (and the racism and War on Drugs that animate and sustain it), the highly theoretical particulars of the traditional debates in the philosophy of law–the nature of law according to natural law and positivist theories, legal reasoning, the interpretation of legal texts–seem curiously context-free, unanchored to empirical particulars pertaining to the lives of actual legal subjects. (To be sure, legal realist, critical legal studies, critical race, and feminist legal theories do animate and make concrete these discussions considerably; they also inject a much-needed dose of historical and political perspective.)

With these considerations in mind, a tentative outline for the upcoming semester’s syllabus suggests itself to me: begin with Lon Fuller‘s The Case of the Speluncean Explorers, using it to animate–or as my friend Cathy Kemp likes to say, ‘ignite’–discussions on natural law, positivism, and statutory interpretation; move on to Justice Oliver Wendell Holmes‘ classic The Path of the Law; follow this up with H. L. A. Hart‘s The Concept of Law (almost certainly not in its entirety), and then, switching gears, move to Michelle Alexander‘s The New Jim Crow and  Albert CamusReflections on the Guillotine. (As noted, this is an outline; I will supplement this basic structure with some selected case studies that will help illustrate the central issues at play in reasoning by analogy and precedent, and the dominant theories of constitutional interpretation.)

Needless to say, this is a pretty idiosyncratic syllabus, and I might be accused by many philosophers of law of leaving uncovered a host of topics that have traditionally been of interest to that demographic: rights, justice and equality, responsibility, legal procedure and evidence, torts, property, contracts etc. My syllabus shows a clear bias toward public law and ignores private law altogether; there is no critical legal studies; some traditional philosophers will be appalled to see Camus in this reading list; and so on. (The alert reader will have noticed however, that the first four topics on that laundry list cannot but occur, implicitly or explicitly, in a discussion of mass incarceration like the one undertaken in The New Jim Crow.)

I remain resolutely unapologetic about these omissions though. My syllabus will strike a reasonable balance between the ‘theoretical’ and the ‘applied’, and more to the point, it will bring into my classroom, that moral, political, and legal atrocity–mass incarceration–that is not only America’s greatest modern embarrassment but also, in some ways, the most relevant topic of all as far as my students’ lives are concerned.  I’d consider this the strongest reason of all in favor of its displacement of traditional material.

Springing Back To Teaching

I return to teaching tomorrow.

The 2015 spring semester kicks off at 9:30 AM with the first meeting of my ’20th Century Philosophy’ class. The class’ description reads:

This course will serve as an introduction to some central themes in the twentieth-century’s analytic, post-analytic (or neo-pragmatic), and continental traditions. Time permitting, the philosophers we will read and discuss include: Dewey, Du Bois, Russell, Heidegger, Wittgenstein, Ayer, Gadamer, Sartre, de Beauvoir, Austin, Davidson, Foucault, Derrida, Rorty, Rawls, and MacIntyre.

Yes, this is a little ambitious, and I’m sure some of my readings will drop off the end of the queue as the end of the semester approaches. Besides, teaching some of the folks on that list makes me a little apprehensive; I have my expository work cut out for me.

Then at 11AM, almost immediately after I finish that class, I will hold the first meeting of my ‘Philosophical Issues in Literature’ class. (The fifteen minute break between classes, to put it bluntly, blows chunks; I barely have time to walk back down to my office, drop off my books, grab a sip of water, pick up the next set of books and then head out again.)

On Monday, my graduate class–‘The Nature of Law’–will begin at the CUNY Graduate Center. This  class’ description is as follows:

This course will serve as an introduction to theories of natural law, legal positivism, legal realism, critical legal studies, legal pragmatism, critical race theory, and feminist legal theory.  Some of the topics to be covered will include: the varieties of natural law, the Hart-Fuller debate, the relationship between legal realism and legal positivism, the political critique  of law mounted by critical legal studies and feminist legal theory, the legal construction of race (and science), law as ideology, the nature of pragmatic jurisprudence.  There will be, hopefully, an interdisciplinary flavor to our readings and class discussions.

The first half of the class has a conventional feel to it with the usual definitional debates taking center stage; the second half takes a critical look at the law.

Three classes; two new preps. The repeat prep is the ‘Philosophical Issues in Literature’ class, which I taught last semester. I had considered changing the reading list dramatically, but instead, dropped two novels–‘Canticle for Leibowitz‘ and ‘Dog Stars‘–from my original list and retained the remaining five. I did this for two reasons. One, I’d like to take a second crack at teaching these novels; even as I taught them last semester, I was aware my understanding of them had changed, and I was not able to cover all the issues they raise in their many different ways. Second, more prosaically, my two new classes threatened to swamp me with their reading lists; three new preps would have spread me out a little too thin.

The winter break–some of which I used to try to complete a book manuscript long overdue with its publisher–is over. There was some hopeful chatter about a snow day tomorrow, but truth be told, I’d rather get this ball rolling and get on with the business of making headway on the business of teaching. A winter break spent at home always makes me a little stir crazy. I’d much rather be walking to campus, getting in front of my classes and talking philosophy.

Famous last words: bring it on.