Argument On Feminist Legal Theory

Feminism is a theory which begs to understand the nature of gender equality in theoretical or philosophical situations. It would be examined on how the genders work in society, social systems and structures

The first rumblings of feminism began in the latter part of the eighteenth century with what was later to be called the “women’s movement.” By the beginning of the nineteenth century, the political focus of the women’s movement would center on suffrage—the political right or act of voting, and those who advocated such rights for women suffragists or suffragettes. (Klein 29) During this beginning era of feminism, it is clear that equality means one and only one thing: sameness. That is, being viewed as essentially the same as men; having the same rights, opportunities and privileges as

Looking back with a historical lens, it’s evident that the fight for women’s rights has progressed in a step wise process. The nineteenth amendment opened a new door of opportunities for women to take advantage of. In modern times, the continued push for equal rights is evident through the fight for reproductive rights and equal pay. Even with the right to vote, women are still being under represented and out of control when it comes to their reproductive rights and in the workplace. Opposing beliefs regarding feminism have prevented the progression of more gender equality in the United States. What originally started as a plea for a political voice helped to shape the history of the nation. Women’s suffrage paved the way for countless groups and further feminist

Women have historically had a rocky relationship with governmental, cultural, religious, and social rights. The Women’s Rights movement has been in effect since approximately 1792, with the publication of the first feminist work, “A Vindication of the Rights of Woman, by British writer Mary Wollstonecraft” (“Women’s Rights Movement”). While social changes have occurred and more progressive laws have been put into place throughout the years, there is still not equality between the sexes. Additionally, gender roles in different countries differ greatly. The purpose of this paper is to highlight the major causes and concerns of the Women’s Rights movements throughout the decades, as well as denote the differences between more progressive societies and their less accepting counterparts.

The rights and freedoms that women enjoy today did not come without struggle, and currently there is nowhere in the world women are treated equally to men. Henceforth the 17th hundreds women have been trying to affirm their position in the fabric of America. Early public policies treated wives and mothers as wards of their husbands and women in general were not considered citizens under the Constitution of the United States, the founding document referred of “men created equal”. Women were oppressed by gender and could not legally acquire land ownership, enter into contracts, initiate legal actions, acquire bank loans and wives that worked, their husbands controlled their money. Furthermore, women were barred from higher education, many professions and, public offices according to

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness"(US Declaration of Independence). Equality is a fundamental principle that has helped form our law system to what it is today. Since the Declaration of Independence we have been able to expand who should be included when our law system addresses equality. Today law, regarding gender equality has progressed significantly. Examining American history, it is evident to notice oppression women's faced from the time prior to the Declaration of Sentiments in 1848 to the Civil Rights act of 1964 and even today in some instances; the strive for equality amongst genders is a conflict that has come a long way, but still needs to be addressed accordingly.

Although many laws in our legal system treat women differently than men passing an Equal Rights Amendment (ERA) would not solve the systematic discrimination evident in the US. An ERA serves the purpose to gift equal rights to all citizens regardless of gender. The ERA composed by Alice Paul stated the purpose that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”To fix the widespread discrimination against women, rather than pass an ERA women need to be given a minority group status.

For many centuries women have had no legal rights and have been regarded as their husband’s property. Even though women’s right’s movement and the first feminist waves are dated to begin at the end of the nineteenth century, many women before have addressed the social injustice. Rosina’s letter “Rights of Women” was published August 13th, 1839 in “The Liberator”, an anti-slavery newspaper, and demands gender equality. At that time “married women essentially had no rights at all, as all legal authority rested with their husbands.” (Doepke and Tertilt 1541-1542).

Over the span of many centuries, women have been undermined and ridiculed by the reality of a bitter society. A female’s sex generally predetermined the uneventful course she would be expected to take throughout her life. Promising opportunities were rare and for ages, ladies were confined to the home with little more than a puppet role to play. Common household chores were a part of the daily agenda, and unfailing devotion to a husband was anticipated (Cruea). The initiative push by The National Woman Suffrage Association provided a source of encouragement for women searching for impartial justice in basic aspects of everyday life. The women’s rights movement-though a long, rocky road-essentially led from bigotry to equality.

The philosophies of Karl Marx have changed political views of women as he implemented what is known as Marxist feminism. Marxist feminism is a branch of feminism focused on investigating and explaining the ways in which women are oppressed through systems of capitalism and private property (Intro to Marxist Feminism). When analyzing the views of Karl Marx one may apply the case of Ellen Pao v. Kleiner Perkins Caufield and Byers. This specific case takes precedent in the legal system as it seizes to recognize the worth of females in male-based workplaces (Fulenwider, Melissa). In connection to the Catholic Church empowerment of women refers to increasing their social, political, economic and spiritual strength, individually and collectively, as well as to removing the obstacles that penalize women and prevent them from being fully integrated into the various sectors of society (Promotion of Gender Equality and Empowerment of Women). Concretely, it means addressing discriminatory practices that exclude women from decision-making processes, oftentimes caused or aggravated by discrimination based on a woman’s race, ethnicity, religion or social status. (Promotion of Gender Equality and Empowerment of Women). The issue of women’s empowerment within the workplace is one out of many that face society today. Wage and educational gaps between men and women

Feminism and feminist social theory unlike other theoretical perspectives is woman-centered and inter-disciplinary, hence promotes methods of achieving social justice. The feminism and feminist social theory takes into consideration three questions, what of the women? Why is the present social world as it is today? Additionally, how can the social world be changed to make it more just for the women and all people alike? In recent developments, feminist theorists have begun questioning the differences between women. The areas under question include race, ethnicity, class, age intersect, and gender. In summation, the feminist theory involves the concern with giving women world over voice, and highlighting how they have contributed to the

They are also instruments for enforcing those values” (Sapiro, 2003, p. 285). The law and policies of the United States do reflect this country’s gender norms. In the beginning of this country’s history women were not even thought of as citizens. The passage of the Fourteenth Amendment in 1868, and its determining that no citizen should have his privileges or immunities abridged did not apply to women. In the 19th century women could not vote, own property, or even hold a job unless their husbands allowed them to do so. With women in such a beleaguered state there certainly would be no representation for them in the laws and policies of the land. The best a woman could aspire to would be to raise her sons to be productive citizens, thereby contributing to the “republican motherhood.” However, even though women were not yet recognized by the government they were still fighting for their rights and slowly they began to win them. Once women earned the right to vote in 1920 when Congress ratified the Nineteenth Amendment, they began even more strongly to seek change. As a result of their struggle, laws and policies began to change to reflect the growing idea of equality for women. In 1963 the Equal Pay Act was put into action allowing women to make equal money for equal work, along with Title VII of the Civil Rights Act, barring sex discrimination in hiring, firing, promotions, and working conditions. The Education Act of 1972 barred

Feminist jurisprudence is a complicated legal theory that covers an extensive range of issues affecting women. Feminist jurisprudence rose to prominence in the 1960’s while critical theory flourished in the late 1980’s and early 1990’s. Both movements provide a comprehensive and thorough analysis of the relationship that exists between law, women, and people of minority. Both critical race theory and feminist jurisprudence highlight how the law is the embodiment of the interests of the most powerful persons in any society (Culver 211). According to feminists, the law and legal concepts reflect an exclusively male or patriarchal view of the world. Two central themes are nearly agreed upon by all feminists. The belief that all male dominated institutions should be rejected and for effective and rapid reform to be introduced to amend existing laws and in the ways

The modern world has resulted in earnings, wages and salaries for the women similar to that of men, but the women are continuously facing inequalities in the work force (Andal 2002). This can be attributed to the pre-established notion that women shall not be given access to finance or communication with the world outside of the home which is highly unethical and unfair (Eisenhower, 2002). In the past, they were considered as the underprivileged ones which were not thought of having equal rights but this fact has changed now. For instance, the status of women can be explicitly defined as the equality and the freedom of the women.

Feminism as a Theory of Law As a concept, feminism is very much a modern notion within legal circles, which aims to eradicate any prejudice against women’s rights. This in a society strongly founded upon a male-orientated legal system, which historically fails to recognise the social and legal rights of women, and instead focuses upon “male-orientated theories and ideologies. ”[1] It is this patriarchy that feminists thrive to eliminate. The essence of patriarchy is emphasised by the Marxist legal theory, developed by Karl Marx and Friedrich Engels in the 19th Century, which places no emphasis upon gender, and consequently belittles the feminists fight for gender equality.