Feminist jurisprudence, 1993 online research library. Why law must consider womens perspectives abstract a growing number of scholars are asking how the law would be different if it took womens points of view and experiences into account. Feminist jurisprudence has influenced legal doctrine. Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of the sexes. Reasonable women will differ on whether there is or should be such a thing. Perhaps this is a reason why feminist jurisprudence is often categorized with liberalism or radicalism. Oxford handbooks online uc consortium on social science. It is against the masculine symbolic order and within the critical development of postapartheid jurisprudence that i engage in tentative reflections on a feminist jurisprudence. One of the ways law is not neutral is through the individual people that work in law. A brief powerpoint on the diverse schools of feminist thought and what they entail slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Pdf feminist jurisprudence, the australian legal system and. Scholarship in this area began in the 1960s, although pioneers agitating for the womens right to vote and other important steps for equality began.
This book provides a student text covering the major issues in feminist jurisprudence and to analyse the manner in which both traditional jurisprudence and law have remained a masculine subject. Predictably, law is associated with the male side of the dualisms, in that it is supposed to be rational, objective, abstract and principled. Examining the concept of feminist jurisprudence sociology. Contents preface vii parti the foundations of feminist jurisprudence 1 introduction 3 the e volution and scope of feminist jurisprudence and.
Informed by the reformist and experiential grounding of feminism, feminist jurisprudence has eschewed the rarefied abstractions of analytical jurisprudence. Feminist jurisprudence patricia smith oxford university press. Apr 23, 2020 feminist jurisprudence is an approach to legal scholarship and practice that views the law through a feminist lens to examine the impact of current and past legal trends on the lives of women. Feminist jurisprudence is the feminist perspective on the methodology of law. Feminist perspectives on reproduction and the family. Law, feminist jurisprudence, feminist theory, gender, sexuality, masculinities, intersectionality introduction legal scholar wendy w. The readings in this collection are organized according to the traditional topics in a typical this anthology is designed for. The readings in this collection are organized according to the traditional topics in a typical this anthology is designed for use in courses in feminist jurisprudence.
Providing balanced coverage of abortion, sexual harassment, censorship and pornography, and other timely and controversial subjects, this pathbreaking anthology is the first to offer a comprehensive introduction to feminist legal philosophy. Indeed, the idea that the personal that is, the family is political is the core idea of most contemporary feminism. The feminist jurisprudencei, more appropriately the feminist legal theory, focuses basically on genderiiconceptually and women in practice, while the ecofeminist jurisprudence uses the gender just as a base to focus on all other forms of biasness and domination in existence. Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. Feminist scholarship has continued, extended and deepened this attack on the conception of the family as a private personal realm. Feminist jurisprudence is the analysis of law from the perspective of all women. Feminism as a theory of law as a concept, feminism is very much a modern notion within legal circles, which aims to eradicate any prejudice against womens rights.
An evolution from fixed mindset to a growing mindset. Cases and materials american casebook series 9781683283058. Feminist jurisprudence, edited by patricia smith, 1993, p. See smart, feminist jurisprudence, supra note 1, at 17. Feminist jurisprudence law and legal definition uslegal. Feminist jurisprudence is a burgeoning school of legal thought that encompasses many theories and approaches to law and legal issues.
Feminist legal philosophy has generated a great deal of interest in recent years, and this is the first collection of readings to cover feminist legal philosophy in a comprehensive way. Shana alexander, statebystate guide to womens legal rights, 1975 philosophy on law feminist believe that the language, logic. Feminism in legal jurisprudence and social analysis. The concept of feminist jurisprudence developed in 1960. Introduction to feminist jurisprudence hilaire barnett ba, llm queen mary and westfield college university of london cavendish publishing limited london sydney. If you continue browsing the site, you agree to the use of cookies on this website. Thus, feminist legal theorists have maintained their quest for a specifically feminist jurisprudence, aiming to make moral and legal philosophy more receptive to. Pdf feminist jurisprudence, the australian legal system.
Fiction over fact article pdf available march 2016 with 59 reads how we measure reads. Contemplating a postapartheid feminist jurisprudence. You can order copies of the journal, women and criminal justice, edited by donna c. Feminist jurisprudence the evergreen state college. Feminist jurisprudence thus pioneers a relation between life and law through which womens unequal social reality will be legally confronted and transformed. The impact of feminist jurisprudence on feminist aesthetics l. Feminist jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. The contemplation of a feminist jurisprudence takes place along these critical lines. Feminist jurisprudence includes the study of different strands of feminist theory and the themes that have emerged and developed within feminist thought, as well as the application of theory to issues that interest members of class.
The first three chapters develop the historical range of feminist theories. Introduction to feminist jurisprudence hilaire barnett. Feminist jurisprudence sample of writing when two people marry they become in the eyes of the law one person, and that one person is the husband. Within feminism itself, two debates currently are being waged. The feminist jurisprudence is a much debated as well. Dec 03, 20 a brief powerpoint on the diverse schools of feminist thought and what they entail slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.
Bowman, cynthia, rosenbury, laura, tuerkheimer, deborah, yuracko. A related issue is the necessity or advisability of defining. A philosophy of law based on the political, economic, and social equality of the sexes. You can access the gender and the law website here the yale journal of law and feminism can be reached here. Feminist legal thought may be thought of as a selective field of inquiry, but it is important for legal jurisprudence that all aspects of the law are examined from a variety of theoretical standpoints. In feminist jurisprudence, the relationship between women and law is considered in detail. Some reflections on culture, courts, and feminism with this rueful observation. Feminist jurisprudence internet encyclopedia of philosophy. This enables academics to discover and discuss the nature of law as an evolving social institution in a comprehensive manner. Although most of the people writing about feminist jurisprudence are women, a few men like kenneth karst in womans constitution, 1984 duke l. Male and female are created through the erotization of dominance and submission. Mar 23, 2006 one of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law.
As a field of legal scholarship, feminist jurisprudence began in 1960s. Feminist jurisprudence is an approach to legal scholarship and practice that views the law through a feminist lens to examine the impact of current and past legal trends on the lives of women. Feminist jurisprudence, like most feminist theory, rejects the claim of law that it is a neutral practice, and instead points to the ways in which law is clearly not neutral. Ryan musgrave this essay explores how early approaches in feminist aesthetics drew on concepts honed in the fi eld of feminist legal theory, especially conceptions of oppression and equality. Liberal legal theory dominates, and one of its fundamental tenets, the doctrine of precedent, inculcates respect for past principles as an article of faith. Students will be introduced to various schools of thought and concepts of inequality in the law spanning historical periods from the 1920s ratification of the 19th amendment to the constitution to the present. Scholarship in this area began in the 1960s, although pioneers agitating for the womens right to vote and other important steps for equality began working much earlier. Basic problems in east asian feminist jurisprudence. The readings are organized according to the traditional topics in a typical jurisprudence course. Fn30 for boys, the figure has remained constant at one in two boys playing sports, with. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics.
This anthology is designed for use in courses in feminist jurisprudence, jurisprudence and the philosophy of law. Feminist jurisprudence, the australian legal system and intimate partner sexual violence. Hale, from the haworth press, at this postal address. This barcode number lets you verify that youre getting exactly the. Hence, towards a feminist jurisprudence was born, the original description of which read.
A critical appraisal emily jackson law, it could be argued, is peculiarly resistant to novel critical perspectives. Feminist jurisprudence by patricia smith goodreads. This thesis develops a legal theory reflecting the insights of feminism and environmental philosophy. As a field of legal scholarship,feminist jurisprudence began in 1960s. Current issues in feminist jurisprudence legal definition of. The diversity of feminist philosophy and theory is represented in feminist jurisprudence, but two models of feminist jurisprudence predominate. The manwoman difference and the dominancesubmission dynamic define each other. Feminist jurisprudence feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes.
Mallory, chaone, toward an ecofeminist environmental jurisprudence. Overview feminist jurisprudence is a burgeoning school of legal thought that encompasses many theories and approaches to law and legal issues. Students will investigate historical foundations of. Feminist legal philosophy has generated a great deal of interest among feminists, philosophers, legal scholars, sociologists and political scientists in recent years. Feminist jurisprudence is an idea of law based on the political, economic, and social equality of sexes. Information on feminist interpretations of law and jurisprudence, including issues of abortion, crime, legal theories, pornography, and rights. This in a society strongly founded upon a maleorientated legal system, which historically fails to recognise the social and legal. Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in womens historical subordination. Second feminist legal theory is dedicated to changing womens status through a reworking of the law and its approach to gender. However, there are huge ranges of assertions and theories within feminist jurisprudence. Interestingly, as recently as two or three years ago, some denied that a feminist jurisprudence had yet developed, preferring to refer to it as feminist. So long as law is a form social power takes, an avenue for relief of injury, a right of citizenship, a lever for social legitimacy, and a force in womens lives, feminist jurisprudence.
A wildly philosophical exploration of the impact of feminism on the structures and principles that support the legal system. This coursebook introduces students to feminist jurisprudence. Each strain of feminist jurisprudence evaluates and critiques the law by examining the. I argue that by importing these feminist legal concepts, many early feminist. Introduction 1 1 factual data on the worlds women 3 the united nations reports. The gender question 14 woman as other 15 feminist legal methods 19 consciousness raising 19 asking the woman question 21 feminist practical reasoning 23 2 gender inequalities.
Feminist jurisprudence routledge encyclopedia of philosophy. Feminism as a theory of law essay 2078 words bartleby. In one, feminist scholars debate the extent to which feminism can be incorporated within traditional jurisprudence, or whether, by contrast, it has a unique methodology. The third part of the article discusses the possibility for, the promise of, the obstacles to, and the present status of a truly feminist jurisprudence, which i define as a jurisprudence built upon. Feminism, the desire for theory and the use of law 84 4 feminist legal methods 93 katharine bartlett. Each strain of feminist jurisprudence evaluates and critiques the law by examining the relationship between gender, sexuality, power, individual rights, and the judicial system as a whole. Feminist jurisprudence, a term coined as recently as 1978, 2 has completely disrupted the conventional model of jurisprudence. Feminist jurisprudence 1 introduction 3 the e volution and scope of feminist jurisprudence and feminist legal methods 3 the feminist gender debate 14 what is a woman. Subsequent chapters examine topics such as violence, reproduction, intimate relationships, children, employment, and education. Feminist jurisprudence 7 irrationality, feeling, emotion, passivity, nature, subjectivity, sensitivity and contextualised and personalised behaviour. Feminist jurisprudence has raised various comments and critiques against the traditional malecentered jurisprudence.