Catharine A. MacKinnon

Catharine A. MacKinnon (born October 7, 1946, Minneapolis, Minnesota, U.S.) American feminist and professor of law, an influential if controversial legal theorist whose work primarily took aim at sexual abuse in the context of inequality.

MacKinnon, like her mother and grandmother, attended Smith College in Northampton, Massachusetts, graduating magna cum laude in 1969 with a B.A. in government. In addition, she earned a J.D. (1977) from Yale Law School in New Haven, Connecticut, and a doctorate in political science (1987), also at Yale. While in graduate school she created the first course in what became Yale’s women’s studies program. During this time she opposed the Vietnam War, studied martial arts, and was part of the birth of the women’s liberation movement.

In 1974, while still in law school, MacKinnon conceived the argument that what she termed “sexual harassment” in the workplace is sex discrimination. Her work was instrumental in establishing the legal claim that then grew into her first book, Sexual Harassment of Working Women: A Case of Sex Discrimination (1978). In 1986 the Supreme Court, in its first sexual harassment case, with MacKinnon as cocounsel, agreed with her argument by ruling unanimously that sexual harassment is sex discrimination.

During the 1980s MacKinnon served as visiting professor at a number of law schools, including Osgoode Hall (part of York University in Toronto), the University of Chicago, and Harvard, Stanford, and Yale universities, before being hired with tenure at the University of Michigan Law School in 1990. She later taught at law schools abroad, including the University of Basel and Hebrew University, and was a fellow at the Institute for Advanced Study in Berlin and at the Center for Advanced Study in the Behavioral Sciences at Stanford.

From 1980 forward MacKinnon also focused on legal and societal issues surrounding the sex industry, which she condemned as a form of sex discrimination that fosters and legitimizes exploitation and abuse of women. Feminism Unmodified (1987), documented as one of the most widely cited books on law in the English language; Pornography and Civil Rights: A New Day for Women’s Equality (1988), written with Andrea Dworkin; Toward a Feminist Theory of the State (1989); Only Words (1993); and In Harm’s Way: The Pornography Civil Rights Hearings (1997) presented evidence against pornography as a violation of civil and human rights. Her concept of equality—predicated on eliminating dominance and subordination rather than enforcing sameness and punishing difference—was largely adopted in Canada and has been influential around the world. Her analyses of the male bias of the law, as reflected especially in the laws of sexual abuse, and proposals for change were collected in Women’s Lives, Men’s Laws (2005).

In 1993 MacKinnon represented Bosnian Muslim and Croat women in a groundbreaking case defining rape as an act of genocide in the Serb-led campaign in Bosnia and Herzegovina. With cocounsel, in 2000 she won an award of $745 million against Bosnian Serb leader Radovan Karadžić in a civil trial in New York City. Her work with the International Criminal Tribunal for Rwanda, as Special Gender Adviser to the Prosecutor of the International Criminal Court, and with Equality Now, a nongovernmental organization, often focusing on issues of prostitution and trafficking, further opened opportunities for women to claim sexual offenses as human rights violations.

Are Women Human?, and Other International Dialogues (2000) collected MacKinnon’s writings on many international and comparative issues of women’s rights, and it also proposed practical solutions. Other books included Butterfly Politics (2017), a volume featuring speeches and other works. Although many of her positions met with opposition, MacKinnon was an influential legal theorist, helping to transform legal education by calling attention to issues affecting women and transforming the law for women globally by opening the legal system to their injuries and exposing the gendered basis of sex crimes.