To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses antilanguage techniques to persuade and to convey the author's substantive (feminist) message. This Article concludes that the writing of feminist legal antilanguage calls out for careful study, not only because it is unconventional and beautiful, but because its rhetorical power suggests that advocates should consider and question the conventional wisdom that defines legal writing, persuasion, and persuasive writing.
39 San Diego L. Rev. 387 (2002).
Stanchi, Kathryn M., "Feminist Legal Writing" (2002). Scholarly Works. 1241.