Feminist Legal Theory
Martha Albertson Fineman
Emory University School of Law
Journal of Gender, Social Policy & the Law, Vol. 13, No. 1, 2005
Emory Public Law Research Paper
Feminism is not anchored in any one discipline. IT presents a theory of gender and challenges the assertions and assumptions of gender-neutrality and objectivity in received disciplinary knowledge. Because gender is theoretically relevant to almost all human endeavors, it is also relevant to almost all disciplines.
This paper discusses some of the diverging viewpoints of feminism in approaching the study and critique of the law. Part I highlights the schism in feminism surrounding gender difference. Some feminists viewed acknowledging gender difference as essential to confront facially neutral rules that could nonetheless generate inequalities. Others feared that highlighting gender difference could be counterproductive, and thus focused on gender neutrality to combat discrimination.
Part II discusses the divergent ways in which feminism engages the public/private dichotomy, particularly in relation to dependency.
Number of Pages in PDF File: 11
Keywords: Feminism, gender neutrality, gender difference, public sector, private sector, dependency, feminist legal theory, legal theory
Date posted: August 21, 2012