Dowd feminist theory has examined men, patriarchy, and masculine characteristics predominantly as sources of power, domination, inequality, and subordination. Feminist theories view rape as a manifestation of core male patriarchal values and paternalism. Feminist theory and the legal regulation of motherhood edited by martha albertson fineman and isabel kariin columbia university press new york 3 abortion as a sex equality right. According to this approach, which typically equates feminism with feminist theory, liberal feminists such as betty friedan see significant others, p.
In simple terms, feminist theory is a theory on womens rights and gender equality. For both formats the functionality available will depend on how you access the ebook via bookshelf online in your browser or via the bookshelf app on your. Feminist theory is the extension of feminism into theoretical, fictional, or philosophical discourse. Feminist legal theories starting in the 1970s, the enrollment of women in law schools changed from a small number to a growing percentage, leaping from 6,682 out of a total of 78,018 law students in 197071 to 40,838 out of 119,501 in 198081. All analyze womens experiences of gender subordination, the roots of womens oppression, how gender inequality is perpetuated, and offer. In this course, we will read feminist theory, queer theory, and other critical theory in order to examine constructions of gender and the roles legal systems play in those constructions. Thanks to the julius rosenthal endowment fund for research support in the summer of 1998 and to daniel goldwin for his assistance with research for this essay.
Now, in the completely updated second edition of this outstanding primer, nancy levit and robert r. Since its initial publication in 2006,feminist legal theory. This in a society strongly founded upon a maleorientated legal system, which historically fails to recognise the social and legal. The enterprise critiques the experience of women as persons excluded from legal protection and from proportionate political and economic power. Feminist philosophy of law stanford encyclopedia of philosophy. It involves the study of womens roles in society which include their rights, privileges, interests, and concerns. This course examines feminist legal theory as both a site of intellectual inquiry and a tool for effecting social change. Catherine mackinnon, perhaps the dominant voice of north american feminist legal theory over the last two decades. As an oppressed group, women have been unable to achieve their potential, receive rewards, or gain full participation in society. It was not so long ago that feminist, legal, and theory simply did not. It also considers problems at the intersection of sexuality and law and develops reforms to correct. Bringing together leading scholars, it achieves the admirable feat of simultaneously providing an authoritative and highly accessible introduction to a rich and evolving body of scholarship, whilst simultaneously advancing the field through numerous original. The second volume will explore the application of feminist legal theory to specific substantive areas of the law, such as criminal law, the first of two volumes, foundations examines theoretical issues about the interaction between law and gender.
Despite this, the central idea of feminism is that society is organised by men in a way that privileges men and operates to. Reviews this wonderful collection provides a fitting tribute to the dynamism and diversity of contemporary feminist legal theory. Particular attention is given to the negative consequences that can arise from feminist thinking which is premised upon a binary division between women and men, male and female, and sex and gender. Mar 12, 2014 feminist legal theories there are many strands of feminist thought davies identifies 5.
First, feminists recognize that the world has been shaped by men, who for this reason possess larger shares of power and privilege. Feminist legal theory feminist legal theory is the study of the philosophical foundations of law and justice. Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women s historical subordination. Siegel t he abortion right is generally discussed as a negative liberry, a right of privacy. Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. Feminist critics of legal institutions question whether these institutions. Feminist legal theory and practice 9 what social, political and economic systems prop up discriminatory laws and practices that marginalize women. The variety of feminisms and their contribution to gender. Feminist legal theory is the study of the philosophical foundations of law and justice. 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. The ashgate research companion to feminist legal theory.
Feminist theory is founded on three main principles ropershuilman, 2002. Women have something valuable to contribute to every aspect of the world. Feminism as a theory of law essay 2078 words bartleby. Because most societies privilege men as a group, social movements are nec. Feminist legal theory and human trafficking in the united. Feminist engagement with law has taken a variety of forms over the years. Feminist legal theories there are many strands of feminist thought davies identifies 5. Feminist legal theory, like feminist theory generally, is extremely diverse, in both premisses and conclusion. Feminist philosophy of law identifies the pervasive influence of patriarchy and masculinist norms on legal structures and demonstrates their effects on the material conditions of women and girls and those who many not conform to cisgender norms. Pdf feminist engagement with law has taken a variety of forms over the years. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. A brief history of feminism in the united states feminism is a belief that women and men are inherently of equal worth. Over the past decade, policy makers in the united states have begun to recognize human trafficking as a distinct act, rather than lumping trafficking into one of. It presents a theory of gender and challenges the assertions and assumptions of genderneutrality and objectivity in received disciplinary knowledge.
The research handbook on feminist jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, postmodern, and prosex and queer feminist legal theories. Feminist legal theory is a set of ideas, an activity engaged in by thinkers in and outside academia, and an intellectual and political movement. First, feminist jurisprudence seeks to explain ways in which the law played a role in womens former subordinate status. Professor of law, northwestern university school of law.
The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. The themes addressed include the historical, political, and social contexts of legal issues that have affected womens struggles to obtain equal treatment under the law. Next, this chapter discusses traditional theories of female crime, followed by feminist critiques of previous research focusing on women. Theory of legal positivism and rule of law is also criticized by feminist jurists. The feminist premise of male bias applies as much to methods as to theories.
The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Feminist legal theory and practice fltp is a part of a broader program called feminist. Intimate encounters, uncomfortable conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. Some of these feminist perspectives are discussed in the subsequent section. Pdf feminist and queer legal theory download read online. Feminist legal theory, feminist lawmaking, and the legal profession. In other terms, rape and the fear it incites is one of many ways some men exert control. Feminist legal theory by martha albertson fineman ssrn. We then present issues pertaining to understanding crime and criminal behav ior that have been raised in feminist research.
Key concepts hegemonic masculinity patriarchal dividend. No legal scholar who engages in a decently regular perusal of a wellstocked law library can fail to have noticed the. This site is like a library, use search box in the widget to get ebook that you want. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The articles are drawn from journals in law, political science, history, womens studies, philosophy, and education and represent some of the most interesting writing on the. Research handbook on feminist jurisprudence book summary.
Feminist legal theory by nancy levit overdrive rakuten. Feminist and queer legal theory download ebook pdf, epub. Feminist legal theory second edition critical america. The feminist framework also imbeds a commitment to solidarity and movementbuilding within the program. Jan 25, 2019 the research handbook on feminist jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, postmodern, and prosex and queer feminist legal theories. Examples of how each theory influences legal practice. Feminist legal theory spring 2016 professor laura rosenbury.
Lacey, feminist legal t heory beyond neu trality 1995 482 current legal pr oblems 8. It examines womens and mens social roles, experiences, interests, chores, and feminist politics in a variety of fields, such as anthropology and sociology, communication, media studies, psychoanalysis, home economics, literature. Rush, autumn grubbswetnam, and christina lane the focus of this chapter is the ways in which communication theory and method can provide a richer, more complex and enlightening canvas of. Catherine mackinnon, perhaps the dominant voice of north american feminist legal theory over the last two decades, developed her feminist theory of law through an extended metaphor with marxism.
It aims to understand the nature of gender inequality. The successes of the contemporary feminist movement might not have happened without one of those. Feminist legal theory comes in many varieties, with some overlap. Using the url or doi link below will ensure access to this page indefinitely. Getting it and losing it martha minow race and essentialism in feminist legal theory angela p. Feminists working in law share the convictions that the historical and continuing exclusions of women from the laws. Through litigation, campaigns for legal reform and legal education, feminists have engaged explicitly with law and the legal profession.
Jan 27, 2019 feminist theories refute the naturalness of male dominance, female submission, and gender discrimination. It serves as an extension to feminism which evaluates the rightful place of women in the society. As a field of legal scholarship, feminist jurisprudence began in 1960s. Feminist legal theories and types of it linkedin slideshare. How does feminist legal theory explain law and the role law plays in womens systematized inequality. Key concepts queer theory heterosexual matrix performativity. The variety of feminisms and their contribution to gender equality introduction my focus is the continuities and discontinuities in recent feminist ideas and perspectives. Various theories of inequality developed by feminists challenge. Feminist legal theories as the womens movements revived in the 1960s and 1970s, inspired by the black rights movement, several waves of feminist legal theory emerged that can be loosely characterized as liberal theory, cultural theory, dominance theory and postmodern theory.
Feminist research should do more than critique, but. Click download or read online button to get feminist and queer legal theory book now. Feminist legal theory, feminist lawmaking, and the legal. Empowerment this is the process of increasing personal, interpersonal, or political power so that individuals can take action to improve their life situations.
Flt workshops became a part of the very first feminist legal theory anthology, at. While a good legal outcome, using international law is a positive outcome. Mar 15, 2011 in simple terms, feminist theory is a theory on womens rights and gender equality. The promise and perils of marxism for feminist legal theory kate sutherland abstract. Introduction human trafficking is modem day slavery. American feminists have identified law as an instrument of male supremacy since their first national gathering at seneca falls, new york in 1848. Feminist philosophy of law stanford encyclopedia of. Feminist legal theory feminists believe that women have been degraded in parallel and stimulating ways through the machinery of law, men characterise the. 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. The authors also address feminist legal methods, such as consciousness raising and storytelling. I am going to discuss the development of feminist theories as to the sources of gender inequality and its pervasiveness, and the different feminist political solutions and. Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, feminist legal theory.
Through litigation, campaigns for legal reform and legal. Feminist critiques of method from the humanities and social sciences have influenced legal scholarship. Despite this, the central idea of feminism is that society is organised by men in a way that privileges men and operates to disadvantage women. Contemporary feminist philosophy of law also draws from diverse scholarly perspectives such as international human rights theory, postcolonial theory, critical legal studies, critical race theory, queer theory, and disability studies.
Cain race, racism, and feminist legal theory marlee kline demarginalizing the. The book centers on feminist legal theoriesincluding equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The very being and legal existence of the woman is suspended during the. There are many strands of feminist thought davies identifies 5. The ashgate research companion to feminist legal theory 1st.
Feminist theory and the legal regulation of motherhood. But all the theories share two thingsthe first an observation, the second an aspiration. There is no original or primary gender a drag imitates, but gender is a kind of. Feminist legal theory an overview sciencedirect topics.1491 134 112 1087 1108 38 735 529 2 1340 525 1497 778 785 1372 582 1489 126 362 1442 406 16 106 1409 147 359 1375 1217 1363 172 644 1438 664 95 61 384 570 690 502 270 603 720 337 1043 231 584 1199 257 1408 826