Document Type
Article
Publication Title
University of Pennsylvania Law Review
Abstract
Feminist criticism of criminal law and criminal justice administration has proliferated over the past decade and now touches scores of doctrinal, practical, and theoretical issues. These critiques and the associated proposals for reform are usually acknowledged to be controversial (and even "radical") by proponents and opponents alike. Yet, across a wide range of issues, the feminist position has its basis in a simple fact that cannot be considered debatable: criminal law is, from top to bottom, preoccupied with male concerns and male perspectives. In this Article, I explain why this seemingly tendentious claim is not only accurate but uncontroversial. I then seek to show how the male orientation of existing criminal law creates both the necessity for reform and a major obstacle to doing it well.
First Page
2151
DOI
https://doi.org/10.2307/3312589
Volume
143
Publication Date
1995
Recommended Citation
Stephen J. Schulhofer,
The Feminist Challenge in Criminal Law,
143
University of Pennsylvania Law Review
2151
(1995).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1024
