The Law To Know

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19th and 20th centuries

Catharine A. MacKinnon

born 1946 · United States · Professor of law

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Catharine MacKinnon is an American lawyer and professor, at Michigan and at Harvard among other places, who changed the law of sex equality. Her book Sexual Harassment of Working Women (1979) argued that sexual harassment is a form of sex discrimination, an idea accepted by the United States Supreme Court in 1986 and by many countries since. In Toward a Feminist Theory of the State (1989) she argued that the law and the state have treated the male viewpoint as neutral, and that equality law should ask not whether women are treated like men but whether women are kept in a subordinate position. With Andrea Dworkin she helped to draft ordinances against pornography, which divided feminists. She also brought cases of sexual violence in war before courts.

The big idea

The law's idea of equality has been measured against a male standard. A better approach looks at how law keeps women in a position of subordination, for example through sexual harassment and violence.

Main work

Toward a Feminist Theory of the State (1989)

Legacy

Shaped the legal concept of sexual harassment and the dominance approach to sex equality.

The school of thought

  • Feminist Legal Theory: Law has often been written from a male standpoint: ask how it treats women, and change it.
← Earlier: John Finnis

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