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Whitman, Christina Brooks, Susan Estrich, Frances Olsen, Robin West, Martha Minow, Deborah L. Rhode, Vicki Schultz, Regina Austin und Patricia Williams. „Feminist Jurisprudence“. Feminist Studies 17, Nr. 3 (1991): 493. http://dx.doi.org/10.2307/3178287.
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Twenty years ago, when feminism was younger and greener, crides who thought the movement was sinking into a quagmire of unscientific irrationality had a relatively easy time in making out their case. In the first place, many feminists were themselves claiming to have rejected both science and reason, along with morality and all other such male devices for the oppression of women. And, furthermore, this position was a relatively easy one for the skeptical outsider to attack. Unless feminists could say such things as that the present treatment of women was morally wrong, or prevailing ideas about their nature false or unfounded, or traditional reasoning about their position confused or fallacious, it was difficult to see on what basis they could rest the feminist case. And, of course, as they did say such things, all the time, it was obvious that any systematic attempt to reject ethics and rationality was systematically undercut by feminists' own arguments.
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Naffine, Ngaire. „In praise of legal feminism“. Legal Studies 22, Nr. 1 (März 2002): 71–101. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00580.x.
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This paper reflects on the achievements of feminism within the legal academy. Rather than offer an encyclopaedic account of feminist legal scholarship, it seeks instead to define, in broad terms, the aims, the spirit and the methods of legal feminism, identifying the commonalities among feminist scholars. It suggests that it is the critical study of law as ‘a form of life’, to borrow from Wittgenstein, which perhaps best characterises the shared endeavour of legal feminists. The paper identifies the major intellectual and political difficulties encountered, and also engendered, by feminists in the course of their work, and it assesses the impact of feminism on mainstream jurisprudence.
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Bhattarai, Lokendra Hari. „An Outline of Feminism Jurisprudence: Phases and Approaches from Nepalese Perspectives“. KMC Research Journal 4, Nr. 4 (31.12.2020): 113–26. http://dx.doi.org/10.3126/kmcrj.v4i4.46472.
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Jurisprudence is a science of law. Whereas feminism jurisprudence is a philosophy of law based on political, economic and social equality of sexes. It began in 1960s and feminists believe that law is not neutral or impartial. They blame male written history which has created in a bias way it is an off-shoot of critical legal studies. There are some of the schools of feminist jurisprudence. They are as liberal feminism, radical feminism, postmodern feminism, black feminism, lesbian feminism, queer feminism, Marxist feminism. All of the feminists have the same agenda of establishing equal opportunitiesand equal rights for women in all sectors. After the promulgation of the Constitution of the Kingdom of Nepal 1990, judicial body played vital role to eliminate gender discrimination. The Interim Constitution of Nepal 2063 was more progressive than the constitution of Nepal 1990s in the issues of women’s empowerment, reproductive freedom, equality and property entitlement. The Constitution of Nepal 2015 enlarges women’s issues and has guaranteed several rights than the previous constitutions. The judicial bodies with constitutional mechanism are playing an effective role for the protection, promotion of women's rights in Nepal.
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Auchmuty, Rosemary. „Sourcebook on feminist jurisprudence“. Feminist Legal Studies 6, Nr. 1 (März 1998): 135–37. http://dx.doi.org/10.1007/bf02684875.
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Musgrave, L. Ryan. „Liberal Feminism, from Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics“. Hypatia 18, Nr. 4 (2003): 214–35. http://dx.doi.org/10.1111/j.1527-2001.2003.tb01419.x.
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This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.
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Villmoare, Adelaide H. „Feminist Jurisprudence and Political Vision“. Law & Social Inquiry 24, Nr. 02 (1999): 443–76. http://dx.doi.org/10.1111/j.1747-4469.1999.tb00136.x.
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Setiawan, Heri, Steven Ouddy und Mutiara Girindra Pratiwi. „Gender Equality Issues in Optical Feminist Jurisprudence and Implementation in Indonesian“. FIAT JUSTISIA:Jurnal Ilmu Hukum 12, Nr. 4 (31.12.2018): 355. http://dx.doi.org/10.25041/fiatjustisia.v12no4.1386.
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Gender meaning of fundamentally different from biological sex. Biological sex is a gift; we are born as a man or a woman. However, the path that makes us masculine or feminine is a combination of the building blocks of basic biological and biological interpretation by our culture. From the tiny baby to reach old age, we learn and practice specific ways that have been determined by the community for us to be men and women. Gender is a set of roles as well as costumes and masks at the theater, convey to others that we are feminine or masculine. Device specific behaviors include appearance, dress, attitude, personality, work inside and outside the household, sexuality, family responsibilities and so together polish "gender roles" us. If someone mentions or asks about gender, then what is meant is gender in the context of language approach. This term became very commonly used in the last few decades. Feminist jurisprudence is a legal philosophy that is based on gender equality in politics, economic and social. Feminist jurisprudence unpacks and explain how the law plays a role to legalize the status of women in subordination to men, in other words, the law as a means to preserve the status quo, namely the dominance of men over women. Moreover, feminist jurisprudence is also trying to make a change/transformation changing the status of women by changing laws and its approach and its stance on gender cases be more fair and balanced. This is an emancipatory project woman in law. Keywords: Gender; Feminist Jurisprudence; justice; men and women.
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Musgrave, L. Ryan. „Liberal Feminism, from Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics“. Hypatia 18, Nr. 4 (2003): 214–35. http://dx.doi.org/10.1353/hyp.2003.0087.
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This study addresses the extent to which feminist jurisprudence literature has developed the potential to initiate a legal paradigm shift leading to legal and consequent social change that would alleviate gender inequality. Drawing upon Kuhn's (1970) and Stacey and Thorne's (1985) arguments, I theorized that for a paradigm shift centered upon women and women's experiences to occur, feminist jurisprudence, particularly second- and third-phase feminist jurisprudence, needs to be incorporated into, and accepted by the mainstream. Through quantitative analysis I evaluated, first, the publication and citation patterns and the diffusion of feminist jurisprudence litearature as evidenced in articles published between the years 1983 and 1994 in legal journals assigned impact factors by the Social Science Citation Index. Second, using content analysis, I classified feminist jurisprudence articles published in the subfields of family and penal law --theorized to differ in degree of androcentrism-- according to the three phases of feminist jurisprudence theory. My quantitative analysis showed that the number of feminist jurisprudence articles published in mainstream legal journals is increasing over time. Further, feminist jurisprudence articles published in legal journals with higher impact factors tend to receive larger numbers of citations than articles published in journals with lower impact factors. Finally, although the overall impact factor of journals publishing feminist jurisprudence articles is declining, feminist jurisprudence literature is present among a wide spectrum of legal specializations. My qualitative analysis showed that there was an equivalent number of family and penal law articles which exhibited second- and third-phase characteristics. However, family law articles tended to cover a wider range of topics than penal law articles. Furthermore, family law scholars were more likely than penal law scholars to address issues of differences among women and feminists, thus, exhibiting third-phase characteristics. In constrast, penal law scholars tended to focus upon differences between feminists and non-feminists and the practical difficulties resulting from the structure, organization and practitioners of the criminal justice. Overall, my analysis showed that feminist jurisprudence appears to have developed the potential to initiate a paradigm shift within the legal discipline. However, in addition to feminist theorizing, feminist activism is important for the realization of legal and social changes that will alleviate gender inequality. Ph. D.
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Bohler-Muller, Narnia. „Developing a new jurisprudence of gender equality in South Africa“. Thesis, [S.l.] : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-06152006-123856.
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Nadj, Daniela. „ICTY wartime sexual violence jurisprudence and the surrounding debate : a critical feminist analysis“. Thesis, University of Westminster, 2011. https://westminsterresearch.westminster.ac.uk/item/8zqyx/icty-wartime-sexual-violence-jurisprudence-and-the-surrounding-debate-a-critical-feminist-analysis.
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The thesis is a critical feminist analysis of ICTY wartime sexual violence jurisprudence, as it is currently constructed in feminist legal scholarship and the surrounding debate. Violence against women, in particular sexual violence has been a greatly topical issue within recent years in both scholarship and the popular imagination. There have been important legal developments within international law, which have provoked much academic, and in particular, legal commentary. On one level, the thesis contributes to this commentary. At the same time, it aims to contribute to a broader feminist theory, which engages with questions of human rights, identity, gender, armed conflict, culture and violence. It therefore explores how female identity, bodily injury, ethnic identity and culture have become intertwined in the debate surrounding wartime sexual violence. Specifically, it analyses the legal modalities through which wartime sexual violence has been inscribed into ICTY judgements and it asks whether these have further entrenched strongly essentialised portrayals of women in international law as victims, mothers or wives in times of armed conflict. Moreover, it asks what the visibility of wartime sexual violence and gender-based violence, more broadly, signifies for women in the current political and legal moment.1 The research question of this project is therefore threefold: How do wartime identities currently materialise in sexual violence jurisprudence? What does the increasing juridicalisation of wartime sexual violence represent for women in the contemporary political and legal moment? Are current feminist investments with the law the way forward in advancing the twin normative aims of gender justice and equality?
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Vakulenko, Anastasia. „Islamic dress in human rights jurisprudence and the surrounding debate: a critical feminist analysis“. Thesis, University of Nottingham, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491019.
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The thesis is a critical feminist analysis of Islamic dress, as it is constructed in contemporary human rights jurisprudence and the surrounding debate. Islamic dress and, in particular, various restrictions on its wearing have been a greatly topical issue within recent years in both scholarship and popular imagination. There have recently been important legal developments. both within domestic jurisdictions and international human rights regimes, which have provoked much academic commentary. On one level, the thesis contributes to this commentary. At the same time, it aims to contribute to broader feminist theory, which engages with questions of human rights, gender, culture and religion.
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Mallory, Chaone. „"Subject to the laws of nature" : ecofeminism, representation, and political subjectivity /“. view abstract or download file of text, 2006. http://proquest.umi.com/pqdweb?did=1283960851&sid=2&Fmt=2&clientId=11238&RQT=309&VName=PQD.
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Thesis (Ph. D.)--University of Oregon, 2006. Typescript. Includes vita and abstract. Includes bibliographical references (leaves 176-185). Also available for download via the World Wide Web; free to University of Oregon users.
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Artz, Lillian. „Violence against women in rural Southern Cape : exploring access to justice within a feminist jurisprudence framework“. Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/9051.
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Includes bibliographical references. Women in rural and severely underprivileged areas remain one of the most vulnerable groups in South Africa to violence in their communities and in their homes. To date, information on rural women, their experiences with domestic violence and social development is both fragmented and inconsistent. The issue of access to justice for rural women presented in this thesis is based on the premise that violence against women keeps women in conditions of poverty, and fear of poverty keeps women trapped in violent situations. It is also based on feminist theory that argues that historical, legal, cultural and political factors contribute to domestic violence and even with emerging policy and legislation promoting wo1nen's safety and freedom from violence, the criminal justice system has not shed it's predilection of institutionalised sexism. It will be argued that systemic discrimination against rural women has lead to the inadequate implementation of legislation and policy relating to women's fundamental rights to safety and freedom from violence. This research, therefore, takes the challenge of constructing an appropriate framework for an integrated analysis of law, gender, and social development. It does so through a feminist jurisprudence framework. The central aims of the research are to: (i) examine the nature or profile of domestic violence in rural areas; (ii) identify the obstacles which prevent women from accessing justice in the face of domestic violence; (iii) identify support mechanisms within rural communities for victims of domestic violence; (iv) explore current policing, justice and health care responses to rural women who experience domestic violence; (v) examine the nature of secondary victimisation of these women by their communities and the relevant criminal justice departments; (vi) examine the nature of current policy and legislation in relation to violence against women and establish the extent to which they have impact on rural women; (vii) to identify gaps in service delivery in rural areas and (viii) to highlight the unique barriers to justice that rural women face. The issues of access to justice for rural women is introduced in this thesis through a study undertaken in rural areas in the Southern Cape. Access was facilitated to 15 different communities in the Southern Cape and 168 women in total were interviewed on issues of violence against women and access to justice. Another 28 women were interviewed on issues relating to maintenance. The primary data collection technique of this research in the Southern Cape took the form of 19 focus-group interviews through a cross section of community structures. These interviews took the form of 'workshops', in which an active exchange of information between the researcher and the researched took place. The focus-group interviews were held in communities in Knysna, Rheenandal, Kurland Dorp, Plettenberg Bay, Sedgefield, Mossel Bay and George. The results indicate that access to justice for rural women is limited for the following reasons: (i) women in rural areas lack nearby services and the cost of transportation decreases a won1an's ability to leave violent situations or even seek information or assistance to deal with the problem; (ii) Women in small rural communities articulate fears of community gossip or alienation from their communities if they seek assistance; (iii) women in rural areas have little option but to remain in the home with the offender because there are no accessible safe houses or shelters; (iv) women remain powerless over alcoholism within their communities; (v) rural women remain in abusive relationships because they have little access to economic resources; (vi) limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural w0men's lives; (vii) distances to basic public services are great and child care is a problem if travel is necessary; (viii) very few development services exist in rural communities; (ix) there are no or limited taxi and bus services and if they do exist they are expensive; and (x) the combined effects of poverty and violence for rural women in the Southern Cape creates formidable barriers to women's equality, mental and physical health, and their full participation in civil society. In light of these results current South African policy and legislation relating to domestic violence and crime prevention are discussed. The thesis concludes that current law contains systemic inequalities, that state legal structures are inherently discriminatory against women and, more specifically, do not meet the needs of rural women.
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Mangwiro, Heather K. „A critical investigation of the relevance of theories of feminist jurisprudence to African women in South Africa“. Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007328.
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Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.
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Bonneau, Chris W. „Justice Ruth Bader Ginsburg and the feminine voice“. Virtual Press, 1998. http://liblink.bsu.edu/uhtbin/catkey/1100447.
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This paper examines whether Justice Ruth Bader Ginsburg demonstrates any evidence of a "feminine voice" in her opinions. There has been much jurisprudential literature written recently regrading the possible existence of a "feminine voice." This paper surveyes the literature and defines what is meant by a "feminine voice." The paper proceeds to analyze some of Justice Ginsburg's opinions to determine if a "feminine voice" is present. This study focuses on four areas of law the literature suggests evidence of a "feminine voice" might be found: cases involving gender, race, the Establishment Clause, and physician-assisted suicide. With the exception of cases concerning race, no evidence of a "feminine voice" was found. In race cases, there is evidence to suggest that Justice Ginsburg arrives at her decision in a way that is different from her male colleagues. The lack of evidence of a "feminine voice" in the other areas does not mean that no such voice exists; rather, it is just not present in all of the decisions written by Justice Ginsburg. The paper concludes that, at least in cases involving race, Justice Ginsburg does reason in a "feminine voice." While this is a narrow finding, the fact that there is evidence of a "feminine voice," at least in some cases, suggests that gender does play a role in judicial decision-making at the United States Supreme Court level. Department of Political Science
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Heenan, Melanie 1968. „Trial and error : rape, law reform and feminism“. Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Ilumoka, Adetoun Olabisi. „Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011“. Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/45662.
Smith, Patricia. „Feminist Jurisprudence“. In A Companion to Philosophy of Law and Legal Theory, 290–98. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch18.
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Houlgate, Laurence D. „Critical Legal Studies and Feminist Jurisprudence“. In AMINTAPHIL: The Philosophical Foundations of Law and Justice, 269–83. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-51121-4_13.
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Ahmed, Aziza. „Feminist Activism in the Context of Clinical Trials and Drug Roll-Out“. In A Jurisprudence of the Body, 205–24. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42200-4_9.
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Tolmie, Julia. „Introducing feminist legal jurisprudence through the teaching of criminal law“. In The Teaching of Criminal Law, 173–84. New York, NY: Routledge, 2016.: Routledge, 2016. http://dx.doi.org/10.4324/9781315731902-15.
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While orthodox legal theory has purported to be gender-blind, it often neglects or in some instances even ignores the position of women. This silence has been criticized by feminist theorists who have placed discrimination against, and the subordination of, women firmly on the jurisprudential agenda. It is a development that has had an enormous impact on legal education. It extends also to almost every branch of the law and legal system. This chapter examines the key elements of feminist legal theory, including the following: the origins of feminism; and legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism).
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Wacks, Raymond. „14. Feminist theory“. In Understanding Jurisprudence, 370–86. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198864677.003.0014.
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Many of the theories discussed in the previous chapters neglect or even ignore the position of women in society, and how they are treated by the law, the legal system, and other aspects of social, economic, and political life. Feminist writers have, in various ways, sought to correct this imbalance or prejudice. This chapter examines several key elements of feminist legal theories, and explores the origins of feminism; legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism) and their impact on legal philosophy. It discusses the enormous literature on the subject, and its criticism of conventional jurisprudence.
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„Feminist Jurisprudence“. In Jurisprudence Lecture Notes, 339–50. Routledge-Cavendish, 1998. http://dx.doi.org/10.4324/9781843142942-28.
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MacKinnon, Catharine A. „Toward Feminist Jurisprudence“. In Living with Contradictions, 34–39. Routledge, 2018. http://dx.doi.org/10.4324/9780429499142-4.
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Konferenzberichte zum Thema "Feminist jurisprudence":
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Chen, Yuying. „Reflections on the Three-child Policy from the Perspective of Feminist Jurisprudence“. In 2021 International Conference on Social Development and Media Communication (SDMC 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220105.147.
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Berichte der Organisationen zum Thema "Feminist jurisprudence":
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Céspedes-Báez, Lina-María, Clara Carolina Cardozo Roa, Natalia-Soledad Aprile, Vanessa Andrea Suelt Cock und Karol X. Martinez-Muñoz. Núcleo de Profundización en Derecho y Género en el pregrado de Jurisprudencia: una apuesta por la inclusión de las teorías feministas y de género en la educación legal. Universidad del Rosario, 2022. http://dx.doi.org/10.12804/issne.2500-5979_10336.34260_ceap.
