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The Relevance of Feminist Jurisprudence in Present Time with respect to Liberal and Marxist School
Author: Bineet Singh, Student, Lovely Professional University, Phagwara, Punjab, India
Abstract The history of feminist jurisprudence is as old as the philosophies of Plato and Aristotle. Being a domain of legal scholarship, the inception of formal feminist jurisprudence dates to 1960s. Feminist jurisprudence, like traditional jurisprudence, deals with the philosophical context of law attributable by factors such as political, economic, and social equality of sexes. Feminists have employed various approaches and identified certain components of genders throughout history to understand various aspects and have come up with schools on its origin with the aid of practices and laws. Some laws affecting employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment have all benefited from the analysis and insight of feminist jurisprudence. Feminist jurisprudence, therefore, enumerates that and originates from the single belief that the law has been fundamental in women's historical subordination. The paper throws light on the conception of liberal feminist thought, especially in western democracy. The paper also reflects the liberal feminist idea of personal and political autonomy. It further talks about the points of justification employed by liberal philosophers concerning bifurcation of the public and private spheres of life and criticism that it attracted in this domain. Ultimately, this paper also seeks to discuss the Marxists philosophy concerning feminist jurisprudence. The paper winds up with culmination of points of the relevance of the first school of feminist jurisprudence, that is the Liberal and the Marxist thought, in the present times.
Keywords: Feminist Jurisprudence, Liberal School, Marxist school.
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[1] Martha A. Fineman, ”Feminist Legal Theory" [2015] JGSPL 13