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25 Stud. Transnat'l Legal Pol'y 157 (1993)
International Law: Feminist Critiques of the Public/Private Distinction

handle is hein.journals/stdtlp25 and id is 173 raw text is: INTERNATIONAL LAW: FEMINIST
CRITIQUES OF THE PUBLIC/PRIVATE
DISTINCTION
FRANCES E. OLSEN
Feminist use and critique of the public and private in
international law is fascinating and important. Particularly
interesting to me are the similarities to and differences from
the familiar feminist public/private critique that I know (and
love).' The distinction between public and private can of
course  mean   several different things.  The  two
public/private dichotomies that are most important to
feminist analyses of U.S. law are the State/Civil Society
dichotomy and the Family/Market dichotomy.
The State/Civil Society dichotomy distinguishes the
state from the rest of society-public, state action from the
private action of individuals and nongovernmental groups.
This distinction plays an important role in the state action
doctrine in Unites States constitutional law. During the
civil rights movement, the state action doctrine came under
sustained attack by lawyers struggling for racial justice; and
the  State/Civil  Society  dichotomy  was  softened
considerably, as more and more of what was once argued to
be merely private discrimination was found sufficiently
infused with state action to be amenable to equal protection
claims.'
The closest international law equivalent to the State/Civil
Society dichotomy is the distinction or dichotomy between
International Law and National, or Domestic, or Municipal

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