Good and Bad Bias: A Comment on Feminist Theory and Judging

Abstract

Professor Judith Resnik has provided us with an elegant juxtaposition of two superficially competing theories.'One cannot help but be reminded of the traditional Cartesian dualism of mind and body.Theories of judging fall on the objective (mind) side of the suggested dichotomy while feminist theory falls on the subjective (body) side.Recognizing this potential dichotomy, 2 Professor Resnik presses ahead, encouraging us to rethink our notions of judging informed by our burgeoning understanding of feminist theory.Her approach to the question she poses (what aspirations do we hold for our judges?) is feminist theory at its best.She transcends the Cartesian-rooted dichotomy and proposes the beginning of a dialogue.

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