What is found to be the common ground for feminist legal theorists, is the belief that the society and legal order is patriarchal.
The movement began in the late 1930’s when a large number of women studying law began to question and raise concern about the curriculum and the negligence regarding crucial issues of concern to women such as: rape, unequal pay, domestic violence, sexual harassment, gender discrimination. This movement led these new groups of thinkers to bring forth important issues concerning women and undertake litigation on their behalf, to protect and propagate their interests . Feminism seeks to understand and analyse the construction and maintenance of patriarchy and the contribution of law in doing so, in order to undermine it and ultimately eliminate it.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Law and Gender
- The debate on Feminist Jurisprudence
- Schools of Feminist Jurisprudential thought and critiques
- Liberalism and Marxism
- Cultural feminism
- Radical Feminism
- Postmodernism
- Critiques
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay critically evaluates the proposition that feminism cannot be regarded as a single, coherent approach to the study of law and social theory. It delves into the various schools of feminist thought and their critiques, exploring how feminist legal theorists understand and challenge the patriarchal nature of society and the law.
- The impact of patriarchy on law and social order
- The different schools of feminist jurisprudential thought, including liberalism, Marxism, cultural feminism, radical feminism, and postmodernism
- The limitations and critiques of each school of feminist thought
- The concept of "gender" as a central focus of feminist analysis
- The role of language in shaping perceptions of gender and its impact on legal and social structures
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the concept of feminist jurisprudence and its central belief that society and the legal order are patriarchal. It highlights the origins of the movement, tracing its roots to the late 1930s when women studying law began challenging the status quo and advocating for issues relevant to women's equality.
- Law and Gender: This chapter explores the historical relationship between law and gender, emphasizing how law has historically upheld male privilege and female subjugation. It discusses the societal and legal norms that perpetuated this imbalance, including the doctrine of coverture and the exclusion of women from legal knowledge and practice.
- The debate on Feminist Jurisprudence: This chapter examines the core objectives of feminist legal scholars, which include analyzing, understanding, and eliminating gender discrimination and inequalities supported by the law. It highlights the ongoing debate about women's equality within the context of societal functions, legal systems, and norms.
- Schools of Feminist Jurisprudential thought and critiques: This section delves into various schools of feminist thought, beginning with liberalism and Marxism. It discusses the central tenets of liberalism, including rationality, individuality, equality, and liberty, and critiques its limitations in achieving true equality for women. It also introduces cultural feminism, highlighting its focus on recognizing the differences between women and men.
Schlüsselwörter (Keywords)
This essay focuses on the key concepts of feminist jurisprudence, including patriarchy, gender, equality, discrimination, legal theory, social theory, liberalism, Marxism, cultural feminism, radical feminism, postmodernism, and critiques of feminist jurisprudence.
- Quote paper
- Aishwarya Prabhu (Author), 2016, Can feminism be regarded as a single coherent approach to the study of law and social theory? A critical evaluation, Munich, GRIN Verlag, https://www.grin.com/document/436836
