Anita Bernstein
Biographic Data
| ID | 5689207 |
|---|---|
| NAME | Anita Bernstein |
| GIVEN NAMES | Anita |
| FAMILY NAME | Bernstein |
| SIGNATURE | BERNSTEIN A |
| AFFILIATIONS | Brooklyn Law School |
| VERIFIED | No |
| TOTAL WORKS | 5 |
| TOTAL CITATIONS | 0 |
| AUTHOR COUNT | 5 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 0 |
Are You There, Law? It's Me, Semen
Joining a conversation about menstruation and the law, this Essay interprets “law” to mean regulation––a source of burden, constraint, and interference justified by reason. The object of my regulatory agenda is a substance perceived by Western thinkers at least since Aristotle as the superior counterpart to menstrual fluid.1 Traditions that celebrate semen as vital or affirmative, while recoiling from and controlling the other gendered emission t…
The Common Law Inside the Female Body
In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorati…
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…
Distributive Justice through Tort (and Why Sociolegal Scholars Should Care)
Drawing on two books central to an emerging sociolegal literature about tort— Fault Lines: Tort Law as Cultural Practice , a collection edited by David M. Engel and Michael McCann, and Torts, Egalitarianism and Distributive Justice , a monograph by Tsachi Keren‐Paz—this essay argues that tort law in the United States redistributes wealth in ways that ought to trouble sociolegal scholars and enlist their reformist energy. Read together, the two vo…
The Representational Dialectic (With Illustrations from Obscenity, Forfeiture, and Accident Law)
Human understanding derives from a "representational dialectic," whereby abstractions make sensory experiences intelligible.The first element of this dialectic, a human tendency to focus on the concrete, may be called "depictionalism."The second element, an effort to subsume the concrete within an abstract organizing principle, may be called "rationalism."A struggle between these two modes, one focused on the tangible or images of the tangible, a…
No prominent works on this page.
The Representational Dialectic (With Illustrations from Obscenity, Forfeiture, and Accident Law)
Human understanding derives from a "representational dialectic," whereby abstractions make sensory experiences intelligible.The first element of this dialectic, a human tendency to focus on the concrete, may be called "depictionalism."The second element, an effort to subsume the concrete within an abstract organizing principle, may be called "rationalism."A struggle between these two modes, one focused on the tangible or images of the tangible, a…
Distributive Justice through Tort (and Why Sociolegal Scholars Should Care)
Drawing on two books central to an emerging sociolegal literature about tort— Fault Lines: Tort Law as Cultural Practice , a collection edited by David M. Engel and Michael McCann, and Torts, Egalitarianism and Distributive Justice , a monograph by Tsachi Keren‐Paz—this essay argues that tort law in the United States redistributes wealth in ways that ought to trouble sociolegal scholars and enlist their reformist energy. Read together, the two vo…
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…
The Common Law Inside the Female Body
In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorati…
Are You There, Law? It's Me, Semen
Joining a conversation about menstruation and the law, this Essay interprets “law” to mean regulation––a source of burden, constraint, and interference justified by reason. The object of my regulatory agenda is a substance perceived by Western thinkers at least since Aristotle as the superior counterpart to menstrual fluid.1 Traditions that celebrate semen as vital or affirmative, while recoiling from and controlling the other gendered emission t…
Law (4 works) · Political science (4 works) · Politics (3 works) · Law (2 works) · Legal principles and applications (2 works) · Philosophy (2 works) · Sociology (2 works) · Accident (philosophy (1 works) · Andrology (1 works) · Biology (1 works)