Feminist legal theory essay

Fordham Law review 1998, feminist, legal, theory lawmaking 269

Other feminist psychoanalysts and feminist theorists whose contributions have enriched the field through an engagement with psychoanalysis are jessica benjamin, 48 Jacqueline rose, 49 Ranjana Khanna, 50 and Shoshana felman. 51 Girl with doll Literary theory edit main article: Feminist literary criticism see also: Gynocriticism Feminist literary criticism is literary criticism informed by feminist theories or politics. Its history has been varied, from classic works of female authors such as george Eliot, virginia woolf, 52 and Margaret Fuller to recent theoretical work in women's studies and gender studies by " third-wave " authors. 53 In the most general, feminist literary criticism before the 1970s was concerned with the politics of women's authorship and the representation of women's condition within literature. 53 Since the arrival of more complex conceptions of gender and subjectivity, feminist literary criticism has taken a variety of new routes. It has considered gender in the terms of Freudian and Lacanian psychoanalysis, as part of the deconstruction of existing power relations.

She was the Executive secretary of the national College Equal Suffrage league in 1914. One major psychological theory, relational-cultural theory, is based on the work of jean baker Miller, whose book toward a new Psychology of Women proposes that "growth-fostering relationships are a central human necessity and that disconnections are the source of psychological problems". 39 Inspired by betty Friedan's Feminine mystique, and other feminist classics from the 1960s, relational-cultural theory proposes that "isolation is one of the most essay damaging human experiences and is best treated by reconnecting with other people and that a therapist should "foster an atmosphere. 40 The theory is based on clinical observations and sought to prove that "there was nothing wrong with women, but rather with the way modern culture viewed them". 25 Psychoanalysis edit see also: Psychoanalysis and Feminism and the oedipus complex Psychoanalytic feminism and feminist psychoanalysis are based on Freud and his psychoanalytic theories, but they also supply an important critique. It maintains that gender is not biological but is based on the psycho-sexual development of the individual, but also that sexual difference and gender are different notions. Psychoanalytical feminists believe that gender inequality comes from early childhood experiences, which lead men to believe themselves to be masculine, and women to believe themselves feminine. It is further maintained that gender leads to a social system that is dominated by males, which in turn influences the individual psycho-sexual development. As a solution it was suggested by some to avoid the gender-specific structuring of the society coeducation. 1 4 From the last 30 years of the 20th Century, the contemporary French psychoanalytical theories concerning the feminine, that refer to sexual difference rather than to gender, with psychoanalysts like julia kristeva, 41 42 maud Mannoni, luce Irigaray, 43 44 and Bracha Ettinger,. 46 47 These French psychoanalysts are mainly post- lacanian.

feminist legal theory essay

Feminist theory - wikipedia

For example, feminist theorists have used the term " womyn " instead of "women". Some feminist theorists find solace in changing titles of unisex jobs (for example, police officer versus policeman or mail carrier versus mailman). Some feminist theorists have reclaimed and redefined such words as " dyke " and " bitch " and others have invested redefining knowledge into feminist dictionaries. Psychology edit feminist psychology is a form of psychology centered on societal structures and gender. Feminist homework psychology critiques the fact that historically psychological research has been done from a male perspective with the view that males are the norm. 38 Feminist psychology is oriented on the values and principles of feminism. It incorporates gender and the ways women are affected by issues resulting from. Ethel Dench Puffer Howes was one of the first women to enter the field of psychology.

feminist legal theory essay

Legal, theory, essay, political Science

G., acceptance of religious beliefs that a man is resume the dominant party in a marriage by the will of God; Simone de beauvoir labels such women "mutilated" and " immanent ". Intersectionality edit main article: Intersectionality Intersectionality is the examination of various ways in which people are oppressed, based on the relational web of dominating factors of race, sex, class, nation and sexual orientation. Intersectionality "describes the simultaneous, multiple, overlapping, and contradictory systems of power that shape our lives and political options". While this theory can be applied to all people, and more particularly all women, it is specifically mentioned and studied within the realms of black feminism. Patricia hill Collins argues that black women in particular, have a unique perspective on the oppression of the world as unlike white women, they face both racial and gender oppression simultaneously, among other factors. This debate raises the issue of understanding the oppressive lives of women that are not only shaped by gender alone but by other elements such as racism, classism, ageism, heterosexism, ableism etc. Language edit see also: Feminist language reform, gender-neutral language, and Category:Feminist terminology In this debate, women writers have addressed the issues of masculinized writing through male gendered language that may not serve to accommodate the literary understanding of women's lives. Such masculinized language that feminist theorists address is the use of, for example, "God the father" which is looked upon as a way of designating the sacred as solely men (or, in other words, biblical language glorifies men through all of the masculine pronouns like. Feminist theorists attempt to reclaim and redefine women through re-structuring language.

One example of where the standard definition of gender alters with time happens to be depicted in Sally Shuttleworth 's Female circulation in which the, "abasement of the woman, reducing her from an active participant in the labor market to the passive bodily existence. 32 In other words, this" shows what it meant growing up into the roles of a female (gender/roles) changed from being a homemaker to being a working woman and then back to being passive and inferior to males. In conclusion, the contemporary sex gender model is accurate because both sex and gender are rightly seen as social constructs inclusive of the wide spectrum of sexes and genders and in which nature and nurture are interconnected. Epistemologies edit The generation and production of knowledge has been an important part of feminist theory and is at the centre of discussions on feminist epistemology. This debate proposes such questions as "Are there 'women's ways of knowing' and 'women's knowledge'?" And "How does the knowledge women produce about themselves differ from that produced by patriarchy?" 33 Feminist theorists have also proposed the "feminist standpoint knowledge" which attempts to replace the. 33 A feminist approach to epistemology seeks to establish knowledge production from a woman's perspective. It theorizes that from personal experience comes knowledge which helps each individual look at things from a different insight. Central to feminism is that women are systematically subordinated, and bad faith exists when women surrender their agency to this subordination,.

Feminism and legal theory - writeWork popular essays

feminist legal theory essay

Visible women: Essays on, feminist

The model claims that the sex-determination of a person exist within a male/female dichotomy giving importance to genitals and how they are formed via chromosomes, and dna-binding proteins (such as the sex-determining region Y genes which are responsible for sending sex-determined initialization and completion signals. Occasionally, mutations occur during the sex-determining process. When this happens, the fetus becomes a hermaphrodite. The standard model defines gender as a social understanding/ideology that defines what behaviors, actions, and appearances are normal for males and females. Studies into biological sex-determining systems also have began working towards connecting certain gender conducts such as behaviors, actions, and desires with sex-determinism. 30 Socially-biasing children sex and gender system The socially-biasing children sex and gender model corrects and broadens the horizons of the sex and gender ideologies.

It revises the ideology of sex in that an individual's sex is actually a social construct which is not limited to either male or female. This can be seen by the Intersex Society of North America which explains that, "nature doesn't decide where the category of 'male' ends and the category of ' intersex ' begins, or where the category of 'intersex' ends and the category of 'female' begins. Humans (today, typically doctors) decide how small a penis has to be, about or how unusual a combination of parts has to be, before it counts as intersex". 31 Therefore, sex is not a biological/natural construct but a social one instead since, society and doctors decide on what it means to be male, female, or intersex in terms of sex chromosomes and genitals, in addition to their personal judgment on who or how. The ideology of gender remains a social construct but is not as strict and fixed. Instead, gender is easily malleable, and is forever changing.

27 From the 1970s onwards, psychoanalytical ideas that have been arising in the field of French feminism have gained a decisive influence on feminist theory. Feminist psychoanalysis deconstructed the phallic hypotheses regarding the Unconscious. Julia kristeva, bracha Ettinger and Luce Irigaray developed specific notions concerning unconscious sexual difference, the feminine and motherhood, with wide implications for film and literature analysis. 28 Disciplines edit There are a number of distinct feminist disciplines, in which experts in other areas apply feminist techniques and principles to their own fields. Additionally, these are also debates which shape feminist theory and they can be applied interchangeably in the arguments of feminist theorists. Bodies edit In western thought, the body has been historically associated solely with women, whereas men have been associated with the mind.


Susan Bordo, a modern feminist philosopher, in her writings elaborates the dualistic nature of the mind/body connection by examining the early philosophies of Aristotle, hegel and Descartes, revealing how such distinguishing binaries such as spirit/matter and male activity/female passivity have worked to solidify gender characteristics. Bordo goes on to point out that while men have historically been associated with the intellect and the mind or spirit, women have long been associated with the body, the subordinated, negatively imbued term in the mind/body dichotomy. 29 The notion of the body (but not the mind) being associated with women has served as a justification to deem women as property, objects, and exchangeable commodities (among men). For example, women's bodies have been objectified throughout history through the changing ideologies of fashion, diet, exercise programs, cosmetic surgery, childbearing, etc. This contrasts to men's role as a moral agent, responsible for working or fighting in bloody wars. The race and class of a woman can determine whether her body will be treated as decoration and protected, which is associated with middle or upper-class women's bodies. On the other hand, the other body is recognized for its use in labor and exploitation which is generally associated with women's bodies in the working-class or with women of color. Second-wave feminist activism has argued for reproductive rights and choice, women's health (movement and lesbian rights (movement) which are also associated with this Bodies debate. The standard and contemporary sex and gender system edit The standard sex determination and gender model consists of evidence based on the determined sex and gender of every individual and serve as norms for societal life.

Feminist theory, essays and Research Papers

Feminist psychologists, such as jean baker Miller, sought to bring a feminist analysis to previous psychological theories, proving that "there was nothing wrong with women, but rather with the way modern culture viewed them". 25 Elaine Showalter describes the development of feminist theory as having a number of phases. The first she help calls "feminist critique" where the feminist reader examines the ideologies behind literary phenomena. The second Showalter calls "Gynocritics" where the "woman is producer of textual meaning" including "the psychodynamics of female creativity; linguistics and the problem of a female language; the trajectory of the individual or collective female literary career and literary history ". The last phase she calls "gender theory" where the "ideological inscription and the literary effects of the sex/gender system " are explored". 26 This model has been criticized by toril moi who sees it as an essentialist and deterministic model for female subjectivity. She also criticized it for not taking account of the situation for women outside the west.

feminist legal theory essay

In this book and her essay, " Woman: Myth reality de beauvoir anticipates Betty Friedan in seeking to demythologise the male concept of woman. " A myth invented essay by men to confine women to their oppressed state. For women it is not a question of asserting themselves as women, but of becoming full-scale human beings." "One is not born, but rather becomes, a woman or as Toril moi puts it "a woman defines herself through the way she lives her embodied situation. Therefore, woman must regain subject, to escape her defined role as "other as a cartesian point of departure. 20 In her examination of myth, she appears as one who does not accept any special privileges for women. Ironically, feminist philosophers have had to extract de beauvoir herself from out of the shadow of jean-paul Sartre to fully appreciate her. 21 While more philosopher and novelist than activist, she did sign one of the mouvement de libération des Femmes manifestos. The resurgence of feminist activism in the late 1960s was accompanied by an emerging literature of concerns for the earth and spirituality, and environmentalism. This in turn created an atmosphere conducive to reigniting the study of and debate on matricentricity, as a rejection of determinism, such as Adrienne rich 22 and Marilyn French 23 while for socialist feminists like evelyn reed, 24 patriarchy held the properties of capitalism.

20-year period it transformed itself into one primarily concerned with social differentiation, attentive to individuality and diversity. New issues dealt more with woman's condition as a social construct, gender identity, and relationships within and between genders. Politically this represented a shift from an ideological alignment comfortable with the right, to one more radically associated with the left. 14 Susan Kingsley kent says that Freudian patriarchy was responsible for the diminished profile of feminism in the inter-war years, 15 others such as Juliet Mitchell consider this to be overly simplistic since Freudian theory is not wholly incompatible with feminism. 16 Some feminist scholarship shifted away from the need to establish the origins of family, and towards analyzing the process of patriarchy. 17 In the immediate postwar period, simone de beauvoir stood in opposition to an image of "the woman in the home". De beauvoir provided an existentialist dimension to feminism with the publication of le deuxième sexe ( The second Sex ) in 1949. 18 As the title implies, the starting point is the implicit inferiority of women, and the first question de beauvoir asks is "what is a woman"? 19 Woman she realizes is always perceived of as the "other " she is defined and differentiated with reference to man and not he with reference to her ".

13 In 1851, sojourner Truth addressed women's rights issues through her publication, "Ain't i a woman". Sojourner Truth addressed the issue of women having limited rights due to men's flawed perception of women. Truth argued that if a woman of color can perform tasks that were supposedly limited to men, then any woman of any color could perform those same tasks. After her arrest for illegally voting, susan. Anthony gave a speech within court in which she addressed the issues of language within the constitution documented in her publication, "Speech after Arrest for Illegal voting" in 1872. Anthony questioned the authoritative principles of the constitution and its male gendered language. She raised the question of why women are accountable to be punished under law but they cannot use the law for their own protection improve (women could not vote, own property, nor themselves in marriage). She also critiqued the constitution for its male gendered language and questioned why women should have to abide by laws that do not specify women. Nancy cott makes a distinction between modern feminism and its antecedents, particularly the struggle for suffrage.

Examining The concept

For the journal, see, feminist Theory (journal). Feminist theory is the extension of feminism into theoretical, fictional, or philosophical discourse. It aims to understand the nature of gender inequality. It examines women's and men's social roles, experiences, interests, chores, and feminist politics in a variety of fields, such as anthropology and sociology, communication, media studies, psychoanalysis, 1 home economics, literature, education, and philosophy. 2, feminist theory focuses on analyzing gender inequality. Themes explored in feminism include discrimination, objectification (especially sexual objectification oppression, patriarchy, 3 4 stereotyping, art history 5 and contemporary art, 6 7 and aesthetics. 8 9 Contents History edit feminist theories first emerged as early as 1794 in publications such as a vindication of the rights of Woman by mary wollstonecraft, "The Changing Woman 10 " Ain't i a woman 11 "Speech after Arrest for Illegal Voting 12 and. "The Changing Woman" mba is a navajo myth that gave credit to a woman who, in the end, populated the world.


feminist legal theory essay
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  1. He wrote a series of highly influential articles in the 1950s and 60s that helped refocus Anglo-American moral and political philosophy on substantive problems about what we ought. Christian Research Institute, our Mission: to provide Christians worldwide with carefully researched information and well-reasoned answers that encourage them in their faith and equip them to intelligently represent it to people influenced by ideas and teachings that assault or undermine orthodox, biblical Christianity. Undergraduate political Science courses.

  2. Social contract theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. The terf movement is particularly effective in their campaign against trans people and trans equality as they consistently couch their actions as political/ feminist /lesbian/radical/womanist critiques of gender and are therefore welcomed in spaces that would normally reject the same rhetoric from right wing people. John Rawls (1921—2002 john Rawls was arguably the most important political philosopher of the twentieth century.

  3. Feminists have many approaches to cinema analysis, regarding the film elements analyzed and their theoretical underpinnings. History and theory of feminism. The term feminism can be used to describe a political, cultural or economic movement aimed at establishing equal rights and legal protection for women. Although any general definition of feminism would no doubt be controversial, it seems undeniable that much work in feminist theory is devoted to the tasks of critiquing womens subordination, analyzing the intersections between sexism and other forms of subordination such as racism, heterosexism, and class.

  4. Feminist Theory, is Necessary After All, essay by nina baym, jubilee professor of Liberal Arts sciences,. Illinois feminist theory 's main point-that no coherent definition of that crucial feminist term woman underlay our diverse undertakings-was undoubtedly correct. Feminist film theory is a theoretical film criticism derived from feminist politics and feminist theory.

  5. Feminist theory is the extension of feminism into theoretical, fictional, or philosophical discourse. It aims to understand the nature of gender examines women's and men's social roles, experiences, interests, chores, and feminist politics in a variety of fields, such as anthropology and sociology, communication, media studies. The Agony of Feminism: Why.

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