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Laura A. Rosenbury

How does law participate in the construction of gender? How should law participate in the construction of gender? Who wins and who loses? These are the questions that postmodern feminist legal theory urges feminists to embrace. This chapter sets forth the affirmative contributions of an approach to feminist legal theory rooted in analyses of the construction of gender, law and feminist law reform. The chapter highlights the descriptive and normative insights of postmodern feminist legal theory, including possibilities for developing new understandings of gender while never escaping gender itself. The chapter concludes by analyzing how postmodern feminist legal theory might inform feminist law reform, including interventions seeking to eliminate workplace discrimination and sexual violence in the United States.