From Wikipedia, the free encyclopedia Feminist legal theory
Feminist legal theory
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Feminist legal theory is based on the belief that the law
has been instrumental in women’s historical subordina-
Women & Femininity
tion. The project of feminist legal theory is twofold. First,
Women · Femininity
feminist jurisprudence seeks to explain ways in which
History the law played a role in women’s former subordinate sta-
Social: Women’s history · Feminist history · History of tus. Second, feminist legal theory is dedicated to chang-
feminism · Timeline of women’s rights (other than ing women’s status through a reworking of the law and
voting) · Suffrage: Women’s suffrage · Timeline · New its approach to gender.
Zealand · United Kingdom · United States · Waves:
First · Second · Third
History
Variants
Martha Fineman founded the Feminism and Legal Theory
Amazon · Anarchist · Atheist · Black · Chicana · Christ-
Project at the University of Wisconsin Law School in
ian · Conservative · Cultural · Cyber · Difference · Eco ·
1984, to explore the relationships between feminist theo-
Equality · Equity · Fat · French (subtype rather than
ry, practice, and law, which has been instrumental in the
country) · French structuralist · Gender · Global · Indi-
development of feminist legal theory.
vidualist · Islamic · Jewish · Lesbian · Liberal · Lipstick ·
Marxist · Material · New · Postcolonial · Postmodern ·
Pro-life · Proto · Radical · Religious · Separatist · Sex- Main approaches to feminist
positive · Socialist · Standpoint · Third world · Trans ·
Womanism legal theory
Concepts The four primary approaches to feminist jurisprudence
Movement · Theory · Women’s rights · Effects on soci- are:
ety · Feminism in culture · Political lesbianism · Pro- • the liberal equality model;
feminism · Anti-feminism · Women’s health · Postfem- • the sexual difference model;
inism · Gender equality · Equality · Revisionist mythol- • the dominance model;
ogy • and the postmodern or anti-essentialist model.
Each model provides a distinct view of the legal mech-
Theory anisms that contribute to women’s subordination, and
Gender studies · Gender mainstreaming · Matriarchy · each offers a distinct method for changing legal ap-
Women’s studies · Men’s studies · Economics · Political proaches to gender.
theory · Epistemology · Theology · Sexology · Sociolo-
gy · Legal theory · Art · Literary crit · Film theory · Po-
litical ecology · Architecture · Anthropology · Archae- The liberal equality model
ology · Criminology · Geography · Philosophy · Femi- Further information: Liberal feminism
nist psychology · International relations · Existential- The liberal equality model operates from within the lib-
ism · Composition studies eral legal paradigm and generally embraces liberal values
By country and the rights-based approach to law, though it takes
issue with how the liberal framework has operated in
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From Wikipedia, the free encyclopedia Feminist legal theory
practice. This model focuses on ensuring that women every perspective is socially situated. Anti-essentialist
are afforded genuine equality—as opposed to the nom- and intersectionalist critiques of feminists have objected
inal equality often given them in the traditional liberal to the idea that there can be any universal women’s voice
framework—and seeks to achieve this either by way of a and have criticized feminists, as did Black feminism, for
more thorough application of liberal values to women’s implicitly basing their work on the experiences of white,
experiences or the revision of liberal categories to take middle class, heterosexual women. The anti-essentialist
gender into account. Susan Okin (1946–2004), for exam- and intersectionalist project has been to explore the
ple, has critiqued liberal approaches to justice. ways in which race, class, sexual orientation, and other
axes of subordination interplay with gender and to un-
The sexual difference model cover the implicit, detrimental assumptions that have of-
ten been employed in feminist theory.
The difference model emphasizes the significance of gen-
der differences and holds that these differences should
not be obscured by the law, but should be taken into ac-
Notable scholars
count by it. Only by taking into account differences can • Ruth Bader Ginsburg
the law provide adequate remedies for women’s situa- • Catharine MacKinnon
tion, which is in fact distinct from men’s.[citation needed] • Martha Fineman
The difference model is in direct opposition to the same- • Mari Matsuda
ness account which holds that women’s sameness with
men should be emphasized. To the sameness feminist,
employing women’s differences in an attempt to garner
See also
greater rights is ineffectual to that end and places em- • Critical race theory
phasis on the very characteristics of women that have • Gender mainstreaming
historically precluded them from achieving equality with • Victimology
men (for example, see the protective laws).
References
The dominance model • Dean John Campion, Richard D. Hartley, and Gary
The dominance model rejects liberal feminism and views Rabe, Criminal Courts, p. 27 (Upper Saddle River, NJ:
the legal system as a mechanism for the perpetuation of Pearson 2008), ISBN 978-0-13-118979-9.
male dominance. It thus joins certain strands of critical
legal theory, which also consider the potential for law to
act as an instrument for domination.
Further reading
In the account of dominance proposed by Catherine • Applications of Feminist Legal Theory: Sex, Violence,
MacKinnon, sexuality is central to the dominance. Work and Reproduction (Women in the Political
MacKinnon argues that women’s sexuality is socially Economy), ed. by D. Kelly Weisberg, Temple
constructed by male dominance and the sexual domina- University Press, 1996, ISBN 1566394244
tion of women by men is a primary source of the general • Feminist Legal Theory: An Anti-Essentialist Reader, ed. by
social subordination of women. Nancy E. Dowd and Michelle S. Jacobs, New York
Univ Press, 2003, ISBN 0814719139
• Nancy Levit, Robert R. M. Verchick: Feminist Legal
The anti-essentialist model Theory: A Primer (Critical America (New York
Feminists from the postmodern camp have deconstruct- University Paperback)), New York University Press
ed the notions of objectivity and neutrality, claiming that 2006, ISBN 0814751997
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Categories:
• Feminist philosophy
• Theories of law
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