Unifying Theme of Feminist Jurisprudence

Running head: LAW AND SOCIETY
LAW AND SOCIETY [UNIFYING THEME OF FEMINIST JURISPRUDENCE]
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Author Note

LAW AND SOCIETY1
Introduction
In this paper, the unifying subject in relation to the feminist jurisprudence and legal
theories regarding feminist thoughts have been discussed. A critical analysis of the
aforementioned area of study has been provided in this paper. Two divisions in relation to the
venture of the theorists and authors regarding the legal theories and the function of law on the
topic of differences between men and women have been mentioned. In this paper, it has been
mentioned that the feminist jurisprudence and the legal theories arising from feminist thoughts
have proposed an alteration and modification of the structure of law. It has been discussed that
the primary object of such modification is to abolish the differences between women and men
that is intensely rooted even in the present society. Anglo-American structure of the feminist
jurisprudence has also been mentioned. Various arguments have been forwarded in relation to
the given topic.
Analysis
Feminist jurisprudence is an area of study that echoes diverse aspects in relation to
feminist thought. The venture or mission regarding the feminist jurisprudence or legal theory in
relation to feminist thoughts may be classified under two divisions. Firstly, the feminist
jurisprudence strive to provide an explanation to the conducts and methods in which rules and
the law played its part in the previous subordinate, secondary or subsidiary position of women in
the past years. Secondly, the feminist jurisprudence or the legal theory in relation to feminist
thoughts have been completely devoted to alter and modify the status of women by giving effect
to a complete revision and modification of the rules and the law and the approach and style of the

LAW AND SOCIETY2
law towards gender, its inequality and discrimination1. The primary object was the modification
of the law in favor of the women. According to the critics of the rules and the law, such
modification was needed in order to amend and adjust the approach in which the women were
perceived and treated and also to amend and adjust the approach of the judges in applying the
law in relation to keeping the women in the same and unchanged situation the women had been
in for the years in the past2.
However, the unifying theme in relation to the feminist jurisprudence or the legal theory
of feminist thoughts is that the society or the community and much more specifically, the legal
system is male-controlled and patriarchal. The theorists in favor of the feminist thoughts and
feminist jurisprudence have maintained, preserved and upheld their pursuit and quest for explicit
and precise jurisprudence regarding such feminist thoughts. The primary aim and object of these
theorists is to create and establish moral, ethical and legal philosophy and perception that shall be
more receptive and friendly towards women. It may be argued that the foundations and the bases
on which the legal theory and jurisprudence lie are intensely and overpoweringly inculcated with
perceptions of male where such perceptions relate to masculinity, and the women have been
deprived of from being completely involved in all aspects of the society. Another argument that
may be forwarded is that women are not essentially deliberated to be inferior to masculinity and
men. Instead, the women and their thoughts merely provide any particular reason in a distinct
manner3.
1 Gozdecka, Dorota, and Anne Macduff, eds. Feminism, Postfeminism and Legal Theory: Beyond the Gendered
Subject?. Routledge, 2019.
2Stanchi, Kathryn M., Bridget J. Crawford, and Linda L. Berger. "The Necessity of Multi-Stranded Feminist Judicial
Opinions." Australian Feminist Law Journal 44.2 (2018): 245-264.
3 Bowman, Cynthia Grant. "Socialist feminist legal theory: a plea." Research Handbook on Feminist Jurisprudence.
Edward Elgar Publishing, 2019.