Tuesday, April 23, 2019
Jurisprudence - Liberal Feminism Essay Example | Topics and Well Written Essays - 3500 words
Jurisprudence - self-aggrandizing Feminism - Essay ExampleJust as feminism, libber police cannot be explained by any single theory4. It is a family of different frameworks or view- summits that are used in the analysis of the desirable or real relationship between sexuality and law5. In her view, Christine Littleton considers womens rightist statute as a collection of various attempts aimed at critiquing, changing and explicating the law for the sake of, and from womens point of view6. Christine Littleton surrounds that, feminist jurisprudence aims at explaining womens experiences and at the same time transforming the law. Despite the fact that feminist jurisprudence is considered by many to be practical, theorists such as Carol Smart borrows from Carl Marx ideology and argues that feminist jurisprudence is both practical and theoretical it is brought about through the methodology that ensures theoretical insights are reflected in political action and that practical insights are shown on theoretical development7. As far feminist levelheaded theories and feminist jurisprudence is concerned, there is one thing that stands out both are aimed at the gender effects of legal practice and rules-particularly, how legal practices and rules affect women, and how law and legal practices define and reflect on gender identities. Additionally, both feminist theories and feminist jurisprudence focus on critiquing and exposure of the masculine genius of methods of law with a goal of changing both the methods and substance of law with respect to the goal of liberating women and feminist rejection of patriarchy. It must, however, be noted that-as had earlier been mentioned-feminist theorists have had different ideologies as to how legal transformation should be achieved and how it should be. Liberal feminism theorists have considered and argued that putting women into legal consideration and looking at them in the same breadth-equally-as men, whitethorn be the way to g o about achieving the goal liberating women. Today, the debate is not only with regards to gender engagement or sameness, feminist legal theorists have gone a step further and are to a greater extent concerned with how to transform legal values, logic and the perception of justice. This notion of considering law as a unbiased system of dispute resolution, regulation and justice,-a stand taken by liberal feminists-has been sharply criticized and rejected by contemporary feminist theorists, who have an issues with the concepts of objectivity, universalism, rationalism, and neutrality. They argue that defining law in the scientific sense without considering the political, virtuous and social reality is not the way to go an argument also held by legal realist theorists. Those ideologies held by liberal feminists are disregarded and attacked on various grounds by other feminists. Accordingly, all of them argue that, the legal notions of objectivity and righteousness are just but perc eptions that conceal the dominance and bias of the overabundant groups-male. The argument is that, if sexes are considered unequal, there is neither un-gendered perspective nor reality8. In particular, the concept of objectivity has been attacked and its gendered temper exposed by MacKinnon, who argues that, the dominance shown by the male, is the most obstinate and universal system of power9. Similarly, the concept of impartiality has
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