StudentShare solutions
Triangle menu

Feminist Legal Theory - Essay Example

Nobody downloaded yet

Extract of sample
Feminist Legal Theory

The paper will examine the portions that constitute these two aspects and what makes them interconnected. In other words, an examination of how legal feminism as a concept affects feminist legal research will be done.
Feminist legal scholars argue for a renewed dimension of research. They claim that gender recognitions had not been made in the past and that there is a need for adoption of a different phenomenon known as emancipator research. In other words, they are claiming that legal work needs to reflect the challenges affected by both sexes rather than merely focusing on the needs and perspectives of a universal experience. Radical legal feminists argue that men's experiences have always been treated as neutral or universal while female experiences are regarded as private or even negative. Consequently, these groups of legal feminists claim that there should be a radical transformation in law by accepting and changing power roles in the profession.1
Feminist research in law has been treated as something that lacks objectivity by opponents to this phenomenon. However, legal feminist researchers claim that objectivity is in fact a term coined by non feminists in an attempt to hide women's own subjectivity in law. Consequently, these proponents argue that research should not be treated as devoid off subjects. Instead, there should be an emphasis on the experiences and the actual challenges that subjects undergo in their everyday lives. Additionally, the latter adherents also claim that the utilisation of models during the research process is another way of forgetting the subject and thus renders such researches invalid.

Distinctive features about feminist approaches to the study of law and how it compares to other approaches in the course
Feminist legal theory is founded upon the premise that the law has been central in depicting historical subordination of women. There are two ways in which feminist legal theory can be treated the first is with regard to jurisprudence in which the law can be perceived as something that has been oppressive to the female gender. The second aspect is with regard to the transformation of society's perception of women through the law or through a reworking of the law. 2

This approach to the study of law is different from other arenas owing to the fact that it challenges the way the rights based approach to law or the liberal values in law are dealt with. The latter approach is synonymous with the liberal equality model of law. Here, greater emphasis is given to the issue of genuine rights accorded to the different genders rather than some of the conventional rights that have been accorded in the past to women. Through this school of thought, it is possible to see that there are certain links between injustice and gender.

Feminist approach to law has also been instrumental in understanding that there are real differences between the genders and that these differences need not be obscured by the law. Instead, feminists assert that these differences should be brought to the table. The latter school of thought is held by sexual difference model adherents. However, the latter model is not synonymous to other feminists who claim that in order to ensure historic preclusion by the law is completely eradicated, then there must be treatment of both sexes as equal. These proponents hold that when the differences betwe ...Show more


Feminism has been part of society for over a century. This phenomenon was responsible for social change through challenging the inherent biases and oppressions against women. However, in the field of law, feminism became an instrumental aspect only after the Critical Legal Studies movement in the nineteen eighties…
Author : denesiklenny
Feminist Legal Theory essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Feminist Legal Theory"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Feminist Perspectives on Prostitution as an Illegal Contract
The conclusion from this review states that liberal feminism takes a more realistic view of consensual adult prostitution. When a woman decides, free of force, to enter into sex commercial trade, she is exercising her own free will and should be able to enforce the terms and conditions of the contract against a client who reneges on the terms and conditions of the contract.
12 pages (3000 words) Essay
How ares of contract law, specifically pre-marital agreements are affected from a feminist perspective Discuss in light of Radm
Prohibited to own properties, vote in elections and generally subjugated to the superior rights of men in the family household, women have come a long way today spurred by the fervour of the various feminist movements. Legal feminist movements, however, are internally torn by conflicting perspectives and causes.
12 pages (3000 words) Essay
Janet Halley's Perspective on Fighting Bodies, Fighting Words: A Theory and Politics of Rape
These views have been perceived and discussed differently by different literary critics, feminists and sociologists to linkup these views with reality. Janet Halley’s ideology is to understand the power, root and language of rape in order to create a politics and prevent rape.
7 pages (1750 words) Essay
Legal Philosophy
"The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men." Oliver Wendell Holmes, Jr. (1897)1 The problem of whether the study of the philosophy of law or jurisprudence is to be considered as a mere abstract occupation, the value whereof lies primarily in stimulating the minds of its students or is it a discipline of real practical value and significance is one of a inter-connected cyclical relationship analoguous to the Chinese TaiChi symbol where the opposite contains seeds of the other.
17 pages (4250 words) Essay
Gender in legal theory
Students of jurisprudence aim to understand the fundamental nature of law, and to analyze its purpose, structure, and application. Jurisprudential scholars (sometimes confusingly referred to as "jurists") hope to obtain a
14 pages (3500 words) Essay
ith men and feminist jurisprudence focused upon persuasive presentation to those in authority about the necessity to provide equal treatment to all individuals, defining social change as being centered upon providing equal treatment to similarly placed individuals, irrespective
16 pages (4000 words) Essay
ESSAY TITLES:Giving reasons for your answer, critically assess the value to the study of law one of the following aproaches: Legal feminism;Marxist analyses of
However, even in this sphere with which society has relegated for women, men still dominates. As such, women’s voice for a long period in the story of humanity has not been heard. In
12 pages (3000 words) Essay
Critical Introduction to Law
To most lawyers, it would appear to be a counter-intuitive claim rather than as a feminist bias in particular laws.1 Hence legal feminism which goes into the aspect of the sex or gender of law itself, is expected to
12 pages (3000 words) Essay
Legal feminist theory
These movements have evolved to the present day concept feminist jurisprudence that seeks to assess and critique the law through analysing how the judicial system,
2 pages (500 words) Essay
Personal journal entry 5
Legal positivism supports the belief that the only accepted sources of law are guidelines, and rules written down and enforced by a sovereign body such as the government2. One of the biggest contributors is Martha Fineman,
1 pages (250 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us