Jennifer Nedelsky
Biographic Data
| ID | 1460338 |
|---|---|
| NAME | Jennifer Nedelsky |
| GIVEN NAMES | Jennifer |
| FAMILY NAME | Nedelsky |
| SIGNATURE | NEDELSKY J |
| AFFILIATIONS | University of Toronto |
| ORCID | 0000-0001-9828-3085 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 51 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Part-Time for All: A Care Manifesto
Part-Time for All offers solutions to four pressing problems: inequality for care-givers; family stress from demands of work and care; chronic time scarcity; and policy makers who are ignorant of care and care-givers with little access to policy making—the care/policy divide. Only a radical restructuring of both work and care can redress all these problems. We propose new norms: no one does paid work for more than 30 hours a week, and everyone co…
A Relational Approach to Law and Its Core Concepts
This introduction to relational feminism builds on Nedelsky’s approach in which relationships are central to all human beings, not just to women. A relational approach to law provides both a clearer analysis of what is at stake in disputes over law and policy and a framework for assessing proposals for change. The basic claims are that relationships make possible the lived reality of values like security or autonomy, and law is one of the primary…
The Relational Self As the Subject of Human Rights
Reconceiving Autonomy
Law's Relations: A Relational Theory of Self, Autonomy, and Law
Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights.…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Relations of Freedom and Law's Relations
One of the most important contributions of feminist theory is the rethinking of core concepts, such as freedom and autonomy. While the inspiration for this rethinking is often the way traditional concepts fail women, the constructive project of reconstruction routinely goes beyond a focus on the particular significance for women—or gender or sexuality. For example, the canon failed to recognize not only the centrality of care work in women's live…
Receptivity and judgment
Both judgment and receptivity are important to optimal politics, and both are important to each other. In making this argument, I use an Arendtian conception of judgment and take mindfulness as an example of receptivity. I argue that receptivity offers a needed dimension to addressing the puzzles of what makes Arendtian judgment possible, and that judgment provides a necessary complement to receptivity for action in the world. Exploring this comp…
Reconceiving Rights and Constitutionalism
I would like to thank Candice Telfer for excellent research assistance. Part of this article is drawn from "Reconceiving Rights as Relationship," Review of Constitutional Studies/Revue d'études constitutional 1 (1993), 1-26. Notes 1. I discuss the ways in which alleged conflicts between universal human rights and local custom are best understood in terms of competing communities of judgment in Nedelsky (2000) Nedelsky, Jennifer. 2000. Communities…
Madisonian Limitations
Private Property and the Limits of American Constitutionalism: The Madisonian Frame-work and Its Legacy
Journal Article Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Jennifer Nedelsky. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Get access Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Nedelsky Jennifer. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Richard B. Bernstein Richard B. Ber…
Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy
Journal Article Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy Get access Nedelsky Jennifer, Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. Chicago and London: The University of Chicago Press, 1990. xiii, + 343 p. $29.95 cloth. Jonathan M. Riley Jonathan M. Riley Tulane University Search for other works by this author on: Oxford Academ…
Private Property and the Limits of American Constitutionalism: The Madison Framework and Its Legacy
Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy
Law, Boundaries, and the Bounded Self
Research Article| April 01 1990 Law, Boundaries, and the Bounded Self Jennifer Nedelsky Jennifer Nedelsky Search for other works by this author on: This Site PubMed Google Scholar Representations (1990) 30: 162–189. https://doi.org/10.2307/2928450 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Sit…
American constitutionalism and the paradox of private property
Property poses a paradox in the American constitutional system. Private property was for at least 150 years the quintessential instance of individual rights as limits to governmental power. Property set bounds between a protected sphere of individual freedom and the legitimate scope of governmental authority. But the rhetorical power and absoluteness of these bounds has been matched by their shifting permeability in practice. The legal concept of…
Law, Boundaries, and the Bounded Self
Research Article| April 01 1990 Law, Boundaries, and the Bounded Self Jennifer Nedelsky Jennifer Nedelsky Search for other works by this author on: This Site PubMed Google Scholar Representations (1990) 30: 162–189. https://doi.org/10.2307/2928450 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Sit…
Reconceiving Rights and Constitutionalism
I would like to thank Candice Telfer for excellent research assistance. Part of this article is drawn from "Reconceiving Rights as Relationship," Review of Constitutional Studies/Revue d'études constitutional 1 (1993), 1-26. Notes 1. I discuss the ways in which alleged conflicts between universal human rights and local custom are best understood in terms of competing communities of judgment in Nedelsky (2000) Nedelsky, Jennifer. 2000. Communities…
Receptivity and judgment
Both judgment and receptivity are important to optimal politics, and both are important to each other. In making this argument, I use an Arendtian conception of judgment and take mindfulness as an example of receptivity. I argue that receptivity offers a needed dimension to addressing the puzzles of what makes Arendtian judgment possible, and that judgment provides a necessary complement to receptivity for action in the world. Exploring this comp…
Private Property and the Limits of American Constitutionalism: The Madisonian Frame-work and Its Legacy
Journal Article Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Jennifer Nedelsky. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Get access Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Nedelsky Jennifer. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Richard B. Bernstein Richard B. Ber…
American constitutionalism and the paradox of private property
Property poses a paradox in the American constitutional system. Private property was for at least 150 years the quintessential instance of individual rights as limits to governmental power. Property set bounds between a protected sphere of individual freedom and the legitimate scope of governmental authority. But the rhetorical power and absoluteness of these bounds has been matched by their shifting permeability in practice. The legal concept of…
Law, Boundaries, and the Bounded Self
Research Article| April 01 1990 Law, Boundaries, and the Bounded Self Jennifer Nedelsky Jennifer Nedelsky Search for other works by this author on: This Site PubMed Google Scholar Representations (1990) 30: 162–189. https://doi.org/10.2307/2928450 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Sit…
Madisonian Limitations
Private Property and the Limits of American Constitutionalism: The Madisonian Frame-work and Its Legacy
Journal Article Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Jennifer Nedelsky. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Get access Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. By Nedelsky Jennifer. (Chicago: University of Chicago Press, 1990. xiv + 343 pp. $29.95.) Richard B. Bernstein Richard B. Ber…
Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy
Journal Article Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy Get access Nedelsky Jennifer, Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy. Chicago and London: The University of Chicago Press, 1990. xiii, + 343 p. $29.95 cloth. Jonathan M. Riley Jonathan M. Riley Tulane University Search for other works by this author on: Oxford Academ…
Private Property and the Limits of American Constitutionalism: The Madison Framework and Its Legacy
Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy
Reconceiving Rights and Constitutionalism
I would like to thank Candice Telfer for excellent research assistance. Part of this article is drawn from "Reconceiving Rights as Relationship," Review of Constitutional Studies/Revue d'études constitutional 1 (1993), 1-26. Notes 1. I discuss the ways in which alleged conflicts between universal human rights and local custom are best understood in terms of competing communities of judgment in Nedelsky (2000) Nedelsky, Jennifer. 2000. Communities…
Receptivity and judgment
Both judgment and receptivity are important to optimal politics, and both are important to each other. In making this argument, I use an Arendtian conception of judgment and take mindfulness as an example of receptivity. I argue that receptivity offers a needed dimension to addressing the puzzles of what makes Arendtian judgment possible, and that judgment provides a necessary complement to receptivity for action in the world. Exploring this comp…
Reconceiving Autonomy
Law's Relations: A Relational Theory of Self, Autonomy, and Law
Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights.…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Relations of Freedom and Law's Relations
One of the most important contributions of feminist theory is the rethinking of core concepts, such as freedom and autonomy. While the inspiration for this rethinking is often the way traditional concepts fail women, the constructive project of reconstruction routinely goes beyond a focus on the particular significance for women—or gender or sexuality. For example, the canon failed to recognize not only the centrality of care work in women's live…
The Relational Self As the Subject of Human Rights
A Relational Approach to Law and Its Core Concepts
This introduction to relational feminism builds on Nedelsky’s approach in which relationships are central to all human beings, not just to women. A relational approach to law provides both a clearer analysis of what is at stake in disputes over law and policy and a framework for assessing proposals for change. The basic claims are that relationships make possible the lived reality of values like security or autonomy, and law is one of the primary…
Part-Time for All: A Care Manifesto
Part-Time for All offers solutions to four pressing problems: inequality for care-givers; family stress from demands of work and care; chronic time scarcity; and policy makers who are ignorant of care and care-givers with little access to policy making—the care/policy divide. Only a radical restructuring of both work and care can redress all these problems. We propose new norms: no one does paid work for more than 30 hours a week, and everyone co…
Political science (13 works) · Law (12 works) · Philosophy (10 works) · Sociology (10 works) · Epistemology (7 works) · Law and economics (7 works) · American Constitutional Law and Politics (6 works) · Constitutionalism (6 works) · Law (6 works) · Philosophy (6 works)