Law and Society: Feminist Jurisprudence and Legal Theory Analysis

This essay delves into feminist jurisprudence, examining its core tenets and critiques of legal systems. It explores the historical and ongoing roles of law in shaping gender inequality, analyzing how feminist legal theories propose to modify legal structures to address these disparities. The paper discusses two main divisions within feminist jurisprudence: one focused on explaining how law has historically contributed to the subordination of women, and the other advocating for legal revisions to eliminate gender-based inequalities. It highlights the Anglo-American context, arguing that despite claims of neutrality, existing legal frameworks often reinforce male dominance. The essay also touches upon the diversity within feminist thought, acknowledging the influence of various social factors, and identifies two major theoretical approaches: one emphasizing the differences between men and women and the other focusing on gender as a social construct. The conclusion emphasizes that feminist jurisprudence offers a distinctive methodology to legal theory, addressing the historical shortcomings of traditional jurisprudence in recognizing women's capabilities and potential.

Running head: LAW AND SOCIETY
LAW AND SOCIETY [UNIFYING THEME OF FEMINIST JURISPRUDENCE]
Name of the Student
Name of the University
Author Note

1LAW AND SOCIETY
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

2LAW AND SOCIETY
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.

3LAW AND SOCIETY
The feminist jurisprudence and the legal theories regarding feminist thoughts pursues to
think outside the box and go beyond or move ahead of, the customary theories of legal nature
that comprises and embraces constituents of psychological, feminist and sociological aspects.
The universal subject shall be considered in relation to the legal systems and the jurisprudence of
Anglo-American nature4. It may be argued that the legal systems and the jurisprudence of the
Anglo-American descent, which is founded on the liberal and generous ideas and concepts of
rights of individuals, freedom, and fairness and rationality, actually favors the interests of men
and also strengthen and emphasize the domination of masculinity and male kind. Hence, it can
be said that while the Anglo-American legal philosophies imply to be impartial and value-
neutral, it actually stresses and promote the idea of macho domination in relation to law and
society. Therefore, the entire edifice and institution in relation to knowledge regarding law,
legality and rules, necessitate alteration and modification. Such transformation may be realized
not only with the help of establishing schools of law or the establishment of the arcade of legal
industry to women kind; it may be achieved by integrating the perspectives of women,
experiences of women and their approaches and methods that promote the value and worth of
relations of the community or society and empathy or sympathy5.
It may also be argued that the feminist jurisprudence and the legal theories in relation to
feminist thoughts do not institute a unified form of understanding and knowledge or any
particular set of general apprehensions and perceptions. It is actually fashioned and molded by
the political agendas of distinct nature and the frameworks of various institutions and
organizations that are taking place within specific societies. The diversity in relation to thoughts
4 Steinem, Gloria. "Catherine Mackinnon Note." Femspec 18.2 (2018): 61-61.
5 Bartlett, Katharine T. "Anglo‐American law." A companion to feminist philosophy (2017): 530-540.

4LAW AND SOCIETY
regarding feminist jurisprudence curtails from multifaceted and complicated race, cultural,
sexual, national, class and certain other variances and differences.
However, two chief speculative approaches and methodologies are apparent within
current feminist jurisprudence and legal aspects in the Anglo-American background. The first
one strains on the difference of women and men and postulates that women have a certain
involvement and influence to make to the exercise of law which shall mean inordinate justice
and uprightness for all individuals or parties in relation to the dispute. The second one focuses on
the differences regarding gender that is created by the male and masculinity in any particular
society6.
Conclusion
In conclusion, it may be stated that the concept of feminist jurisprudence and the legal
theories regarding such feminist thoughts came into existence because the capabilities,
expectations, opportunities and potentials of the women kind have not been sufficiently
recognized by the legal definitions in the past years. Hence, it may be said that the customary
jurisprudence could not deliver such basis of law for the women kind and therefore, feminism
has presented an extremely distinguishing and articulate methodology to the legal theory.
6 Marshall, Jill. Humanity, freedom and feminism. Routledge, 2017.

5LAW AND SOCIETY
References
Gozdecka, Dorota, and Anne Macduff, eds. Feminism, Postfeminism and Legal Theory: Beyond
the Gendered Subject?. Routledge, 2019.
Stanchi, 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.
Bowman, Cynthia Grant. "Socialist feminist legal theory: a plea." Research Handbook on
Feminist Jurisprudence. Edward Elgar Publishing, 2019.
Steinem, Gloria. "Catherine Mackinnon Note." Femspec 18.2 (2018): 61-61.
Bartlett, Katharine T. "Anglo‐American law." A companion to feminist philosophy (2017): 530-
540.
Marshall, Jill. Humanity, freedom and feminism. Routledge, 2017.