Feminist theory and law

Article Abstract:

The concept of gendered life offers a framework from within which the differences of men and women can be recognized in a legal setting without assuming all women are alike. By focussing on common concerns, if not common opinions on these concerns, the differences between men and women can be elucidated and potentially become part of law. Feminist jurisprudence has evolved to the point where differences among women are now accepted to exist by everyone, but the common concerns and components of women's lives should not be ignored. The law cannot be tailored for each individual, but it can and should recognize differences in gendered life.

Analysis

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Two challenges for feminist thought

Article Abstract:

Feminist legal theories, and indeed all legal thinkers who include society as a whole in their frame of reference, need to confront the effects of biology on human behavior. Sociobiology is ripe for feminist analysis, and often supports conclusion drawn by feminist thinkers, even those that ignore biology altogether. This, in turn, begs a study of the normative implications of the cultural and societal results of biological difference, which could eventually lead to better normative structures.

Social aspects

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Of Richard Epstein and other radical feminists

Article Abstract:

Richard Epstein's call for feminists to address sociobiological approaches to society and use the knowledge gleaned from this study to make the world more libertarian actually places him in the camp of radical feminist. His stated goal is to end fraud and the use of force in subversion of libertarian rights. He is basically stating the radical feminist credo, that it is not possible say how women would organize the world if given a chance because they still have not been given the chance.

Political aspects, Criticism and interpretation, Feminism, Epstein, Richard A.

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