Feminism as a Theory of Law

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 women’s rights.

This in a society strongly founded upon a male-orientated legal

system, which historically fails to recognise the social and legal

rights of women, and instead focuses upon “male-orientated theories

and ideologies.”[1] It is this patriarchy that feminists thrive to

eliminate. The essence of patriarchy is emphasised by the Marxist

legal theory, developed by Karl Marx and Friedrich Engels in the 19th

Century, which places no emphasis upon gender, and consequently

belittles the feminists fight for gender equality. Juxtaposed with the

rigid Marxist approach to legal rule is the postmodernist dialect that

offers a “positive method of forcing individuals to confront and

change the rigid contexts and structures (including laws) within which

they have arbitrarily confined themselves.”[2]

The ideology of feminism is split into three distinct categories, all

of which work towards one common goal of removing gender prejudices:

1) Liberal feminism is grounded in “classical liberal thinking that

individuals should be free to develop their own talents and pursue

their own interests. Liberal feminists accept the basic organisation

of our society but seek to expand the rights and opportunities of

women. Liberal feminists support equal rights and oppose prejudice and

discrimination that block the aspirations of women.”[3] 2) Socialist

feminism is an evolution from Marxist conflict theory, essentially

made in reaction to the little attention Marx paid to gender.

Social...

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...at p. 137.

[13] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[14] ‘Feminist Legal Methods’ (1970) 103 Harv L Rev , p.829 at p.837.

[15] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[16] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[17] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[18] Sociology A Global Introduction – John J. Macionis and Ken

Plummer

[19] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[20] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White

[21] H. Barnett, Introduction to Feminist Theory (London: Cavendish

Publishers, 1998, p. 180.

[22] H. Barnett Introduction to Feminist Jurisprudence, pp. 1179-80

[23] Textbook on Jurisprudence – Hilaire McCoubrey and Nigel D. White