CALL FOR PAPERS
New Legal Realism
Meets Feminism & Legal Theory II:
Empirical
Perspectives on the Place of Law in Women's Work and Family Lives
University of
Sponsored by: the Feminism and Legal Theory Project,
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Women working in a variety of settings face
challenges rooted in traditional cultural and social patterns surrounding
gender. These challenges include barriers in the workplace, the historic divisions
between work and family lives, and cultural conceptualizations of
"work" itself. This conference draws together empirical and legal
perspectives to examine the different strategies and models women have used in
addressing the dilemmas of work and family.
This joint workshop continues a dialogue between
the New Legal Realism Project, which focuses on developing higher quality
translations between law and social science, and the Feminism and Legal Theory
Project, long dedicated to an interdisciplinary examination of law and policy
topics of particular interest to women. Both empirical methods and feminist
approaches require scholars to look behind the apparent patterning and
explanations that exist in societies to uncover the structures and meanings
that lie beneath. In this sense, they both address the uneasy silences that can
operate as challenges to accepted wisdom.
At our first joint workshop, scholars from a
variety of disciplines came together to develop a genuinely interdisciplinary
conversation about work, family, and gender. Exploring the core assumptions and
approaches that motivated research from disciplines other than our own allows us
to begin a process of real translation. Social scientists can come to understand why legal scholars might
address problems in a particular framework, while legal scholars can benefit
from similarly grappling with the quite different methods and theoretical
frames that inform their social scientist colleagues.
Our objective in this second set of sessions
is to build on the foundation already begun, continuing to develop not only a
set of empirically-based perspectives on women, work, and family - but also to
generate methods for systematic translation between law and other disciplines.
Both feminist and new legal realist precepts for these discussions stress the
need for sustained effort in attempting to understand differing perspectives,
eschewing more combative (and ultimately less substantive) approaches.
Possible topics for this workshop include:
· What is the
position of law vis-à-vis the challenges women face in the work/family
dichotomy?
· How have
empirical studies been marshaled in arguments about the need to change family
law?
· What counts as
empirical for purposes of family law reform? For purposes of informing feminist theory?
· Are there particular
problems with the use of quantitative empirical work in the context of families
and relational interests?
· How has empirical
information applied in the family context changed through differing historical
periods? Across geographical boundaries?
· Has feminist theory shaped questions about the intersection of work and
family in ways that are compatible with empirical approaches?
· Can empiricism accommodate feminist theory?
· Is an expanding definition of family beneficial or detrimental to womens
ability to integrate their work and family lives?
A short proposal should be sent to Pam Hollenhorst, Associate Director of the Institute for Legal Studies at the UW Law School (pshollen(at)wisc.edu) by
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