#6573 - Feminist Legal Theory - Legal Theory

FEMINIST LEGAL THEORY * * Liberal feminists (sameness), cultural feminists (differences), and radical feminists (subordination and dominance). 1st wave - liberal; 2nd wave - liberal, cultural and radical; 3rd wave - postmodern. Key concepts of FLT 1. Sexism exists in society, by privileging men and disadvantaging or subordinating women. 2. A belief that society is patriarchal; FLTs seek to analyse the contribution of law in constructing, maintaining, reinforcing and perpetuating patriarchy. 3. Recognition that there is no unified FLT. Liberal Feminism (sameness) * Equality for women and men is to be measured by a 'sameness' standard; the sameness standard considers liberalism's concerns with barriers to female's progression, e.g. political voice, voting, employment, property and education. * 'Equality' means an equality of opportunity. * Rights for women are to mirror the existing rights for men, e.g. there should be equal employment rights (but not necessarily equal employment in terms of numbers). * Legislative reform by itself can be an effective instrument. * Ideals: liberty, equality, rationality, autonomy, individuality, neutrality and impartiality. * Liberal rights: civil and political rights with a base in a 'negative' freedom from the state. * Assumptions: status quo is natural, un--coerced and good; that a universal standard of humanity exists. The Pornography Debate * Liberal FLTs lean to a pro--pornography position, depending on the degree of harm that they associate with pornography. * It exemplifies: free speech, constitutional protections' the free market, an individual subject's rights to self--determination and freedom, and the erotic, not the harmful. * Ronald Dworkin: an individual's right to distribute pornography trumps the utilitarian goal of improving society in aggregate by banning it.