Feminist Jurisprudence (original) (raw)
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De-centralising the Feminist Agitation -Post Modern Feminist Jurisprudence
http://theicrd.org/pdf/ILS2017Proceedings.pdf., 2017
The current advocacy for feminism which encapsulates the totality of the philosophy, vision and mission of women emancipation, equity and equality in modern societies has put the question of women position in the front burner of politics and economies of all modern states in contemporary times. The feminist agitation, beyond seeking the 'equality of the sexes' has evolved into a branch of law ie Feminist jurisprudence, a dynamic flow which encapsulates the unique experiences and peculiarities of the female sex to ensure a balanced view and application of law. This ensures the achievement a certain 'sensitivity' which takes proper cognisance of the normalcy of female experiences despite same not being experienced by the opposite sex. This paper therefore analyses the various streams of feminist jurisprudence and how the various categories intersect with gender, the jurisprudential schools of thought, and the importance of postmodern feminism in achieving the de-centralisation of the feminist agitation into mainstream practice of law applicable to all humans. It also highlights the criticisms of feminist jurisprudence. It concludes that feminism is not about replacing all the male values with female values but rather about being inclusive of women, and of all people who differ from the norms of the law as it is today.
American feminist jurisprudence is the study of the construction and workings of the law from perspectives which foreground the implications of the law for women and women's lives. This study includes law as a theoretical enterprise as well its practical and concrete effects in women's lives. Further, it includes law as an academic discipline, and thus incorporates concerns regarding pedagogy and the influence of teachers. On all these levels, feminist scholars, lawyers, and activists raise questions about the meaning and the impact of law on women's lives. Feminist jurisprudence seeks to analyze and redress more traditional legal theory and practice. It focuses on the ways in which law has been structured (sometimes unwittingly) that deny the experiences and needs of women. Feminist jurisprudence claims that patriarchy (the system of interconnected relations and institutions that oppress women) infuses the legal system and all its workings, and that this is an unacceptable state of affairs. Consequently, feminist jurisprudence is not politically neutral, but a normative approach, as expressed by philosopher Patricia Smith: "[F]eminist jurisprudence challenges basic legal categories and concepts rather than analyzing them as given. Feminist jurisprudence asks what is implied in traditional categories, distinctions, or concepts and rejects them if they imply the subordination of women. In this sense, feminist jurisprudence is normative and claims that traditional jurisprudence and law are implicitly normative as well" (Smith 1993, p. 10). Feminist jurisprudence sees the workings of law as thoroughly permeated by political and moral judgments about the worth of women and how women should be treated. These judgments are not commensurate with women's understandings of themselves, nor even with traditional liberal conceptions of (moral and legal) equality and fairness. Although feminist jurisprudence revolves around a number of questions and features a diversity of focus and approach, two characteristics are central to it. First, because the Anglo-American legal tradition is built on liberalism and its tenets, feminist jurisprudence tends to respond to liberalism in some way. The second characteristic is the goal of bringing the law and its practitioners to recognize that law as currently constructed does not acknowledge or respond to the needs of women, and must be changed. These two features can be seen in the major debates in current feminist jurisprudence, which range from questions of the proper perspective from which to understand the problems of the law, to questions of legal theory and practice.
Feminist Jurisprudence : Ideologies, Triumphs, Failures & Criticisms
Since the time of Ancient Greeks, there had been debates on the role of woman in the society. In Ancient Greeks thought can be found in different ideas which have outcome in later thought. For example, the concept of private and public life which is arguably distinguishable with the confinement of women to only private sphere of life. Later in the 18 th , 19 th and 20 th century, the feminist campaign for the elimination of discriminatory laws against women, marked the origins of the beginning of the contemporary feminist thought. The principal reason for the rise of the feminist movement in law was the perceived injustice and inequality between the male and the female genders with regards to the law. Feminism is a range of movements and ideologies that share a common goal: to define, establish, and achieve equal political, economic, cultural, personal, and social rights for women. This includes seeking to establish equal opportunities for women in education and employment. A feminist advocates or supports the rights and equality of women. Feminist movements have campaigned and continue to campaign for women's rights, including the right to vote, to hold public office, to work, to earn fair wages or equal pay, to own property, to education, to enter contracts, to have equal rights within marriage, and to have maternity leave. Feminists have also worked to promote bodily autonomy and integrity, and to protect women and girls from rape, sexual harassment, and domestic violence. The decision of the court which favor men more than women is one of the reasons of the rise of the feminist movement. In 1869, the court held that the regulations of the University of Edinburgh which allows women to get admissions were ultra vires the university statute as the university was meant to provide education to the male students only where the proper place for women was at home. Similarly, in Wilson v Town Clerk Salford,1 the court held that the women were not considered as 'persons' within the meaning of the statute which govern appeals, and thus they had no locus standi to bring the case.
Feminist Legal Studies: Critical Concepts in Law
2009
Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan Free PDF d0wnl0ad, audio books, books to read, good books to read, cheap books, good books, online books, books online, book reviews epub, read books online, books to read online, online library, greatbooks to read, PDF best books to read, top books to read Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan books to read online. Online Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan ebook PDF download Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan Doc Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan Mobipocket Feminist Legal Studies (Critical Concepts in Law) by Joanne Conaghan EPub
Feminist legal theory manifests through writing and speaking about 'law' and 'women,' in an effort to promote and improve understanding about justice. Feminist legal theory is a set of ideas, an activity engaged in by thinkers in and outside academia, and an intellectual and political movement. Developments in feminist legal theory emerged through engagement with problems rooted in inequalities, experienced by individuals and communities, at the hands of people, corporations, or the state. This article draws out key areas of tension within the field of feminist legal theory, focusing on English-language feminist legal theory and spanning the field of national jurisdictions and international human rights.