Feminist Philosophy of Law
First published Tue May 19, 2009; substantive revision Mon Mar 11, 2013
Feminist philosophy of law identifies the pervasive influence of
patriarchy on legal structures, demonstrates its effects on the
material condition of women and girls, and develops reforms to correct
gender injustice, exploitation, or restriction. To these ends,
feminist philosophy of law applies insights from feminist epistemology,
relational metaphysics, feminist political theory, and other
developments in feminist philosophy to understand how legal
institutions enforce dominant masculinist norms. 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.
Addressing the goals of feminist philosophy of law requires theory development, conceptual analysis, and conceptual revision. Promoting freedom and equality for women reflects a profound shift in basic assumptions about the nature of women and their proper place in the world: a shift from inequality to equality of the sexes, along with re-examination of what equality itself requires. Given the scope and detail of this change, much feminist legal theory proceeds on two levels: one pragmatic, concrete, and particular, and the other conceptual and ultimately visionary. Some of this writing appears in philosophy journals and monographs, but much also appears in generalist law reviews and the many specialist law journals devoted to issues of gender and justice. This article begins with a brief overview of fundamental themes of feminist legal theory, followed by discussion of the evolution of the concept of equality and needed institutional change in several substantive areas: political equality; marriage, reproductive rights, and commodification of the body; protection from violence; and economic rights.
Addressing the goals of feminist philosophy of law requires theory development, conceptual analysis, and conceptual revision. Promoting freedom and equality for women reflects a profound shift in basic assumptions about the nature of women and their proper place in the world: a shift from inequality to equality of the sexes, along with re-examination of what equality itself requires. Given the scope and detail of this change, much feminist legal theory proceeds on two levels: one pragmatic, concrete, and particular, and the other conceptual and ultimately visionary. Some of this writing appears in philosophy journals and monographs, but much also appears in generalist law reviews and the many specialist law journals devoted to issues of gender and justice. This article begins with a brief overview of fundamental themes of feminist legal theory, followed by discussion of the evolution of the concept of equality and needed institutional change in several substantive areas: political equality; marriage, reproductive rights, and commodification of the body; protection from violence; and economic rights.
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