Appearance, however it doesn’t determine moral, psychological, and social manner. To sum it up feminist legal theory purses to deliver how the law played a role in women’s previous lower ranked status and focuses on changing women’s previous status by a revising of the law and taking alternate approaches towards sex and gender. Last but not least Professor Nicola Lacey’s “general principle” supports what the purpose of feminist legal theory is. Professor Nicola Lacey talks about gendered assumptions present in the general principle, in other word saying that the laws are very extensive and results in undetailed analysis of the difference between men and women (Susan Brophy, 2014, Lecture 8A). This theory gives us to think if women and man has …show more content…
Also another strength could be the fact that pursuing utilitarianism theory will not leave room for individual’s discretion, which creates equality when it comes to judge’s discretion. Lastly by applying utilitarianism theory our society is more informed of what is wrong or right, and also creates equality in law because only necessary punishment is given out to deter the same wrongdoing act from happening again. Now the weakness of utilitarianism theory, first it could be neglect towards the minority. For example hunting, if majority of people voted to ban hunting because they don’t depend on their resources by hunting, it is arbitrary to small communities who depend on hunting for their resources. This proves how ignorant majority could hold unreasonable power. Also this theory could be impractical, to have the society to act in the public’s intent above there own intent is not likely to happen all the time. Now the strength and weakness of feminist legal theory, first the strength of feminist legal theory speak for itself, it helps identify arbitral decisions made towards women in our society and helps balance equality in sex and gender. Also feminism incudes the fact the women wants the equal rights, and fight for their rights, which brings our society one step closer to having more balanced and more equalized society. At the end feminist legal theory delivers a message about how our world is gendered or biased, which is true however there are also weakness in feminism. The theory itself is correct, however in practice in today’s society, this isn’t what feminist theory encourages. Feminism promoted being excused from services such as mandatory military service, shelters for women only, which means that there are also laws that protect women but not men. They promote equality, but there practices have no
The Feminist Legal Theory closely looks at women and their position as legal subjects throughout history, and how these aspects have changed in regards to women as legal persons and the coorelating laws on gender themselves. The p...
One theory of feminism that exists is the world is “Second Wave feminism” (Mandle, 2014). This is the most known form of it. These were the successors to the First-Wave feminists who primarily focused on suffrage and legal rights in the 19th and 20th century (Burkett, 2013). The fundamental goals of Second Wave feminism are different from the first, since they primarily center themselves on abolishing workplace inequality, such as the proverbial glass ceiling and salary difference, through anti-discrimination laws.” (Tavaana, 2014). The ideals proposed by this kind, were adopted by the government in the form of bills and laws such as Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, 2014). This again, is what one would consider the mainstream feminism.
McCann, C., & Kim, S. (2013). Feminist theory reader, (3d ed.). Hoboken: Taylor and Francis.
From 1960 to 1990 the women’s movement in Canada played a significant role in history concerning the revolution of women’s rights. Although it was a long road coming for them, they were able to achieve the rights they deserved. Women struggled for equality rights to men but primarily their rights as a person. Since the 1960s women’s rights had significantly changed, they had to work hard for the rights that they have in the present day. Females across the nation started speaking out against gender inequality, divorce, and abortion. This uprising coincided with the Women’s Movement. Through the Royal Commission on the status of women they were able to gain equality rights and they were able to have access to legal abortions through the Charter Rights of Freedom and obtain no-fault divorce through the Divorce Act of 1986.
U T I L I T A R I A N I S M. (n.d.). Retrieved May 19, 2014, from http://www.csus.edu/indiv/g/gaskilld/ethics/Utilitarianism: http://www.csus.edu/indiv/g/gaskilld/ethics/Utilitarianism%20notes.htm
Sometimes, in order to have justice in this world, violent actions need to be taken to be able to get a point across and fight for what is fundamentally right. In today’s society, feminism is viewed as a non-violent way of having the social, political, and economic equality of the sexes. However, it was not always like that. In order to have the level of equality modern societies have today, daring and sometimes violent things took place. A case in point being the Suffragette movement in the early 20th century. Over the years, the Suffragettes faced many challenges and winning feats such as being granted their right to vote federally, but their actions and the actions taken by one of their most successful groundbreakers, Thérèse Casgrain, are the reason why women can now be treated equally in Canadian society.
During the period of first wave feminism, starting in the 1700s going on to the early 1900s, females were often seen as a liability and subsequently were often overshadowed by men, for example, a female could not inherit from their families as they were not seen as responsible. First wave liberal feminists aimed to achieve gender equality through changes in the law and wanted women to have a more participatory role within society. First wave feminists outlined that wome...
Most of the crimes committed by women were not related to improved labor market opportunities. Feminist research has shown many female offenders often are single parents and some maybe pregnant resulting in more females receiving lesser sentences rather than imprisonment, as the courts have the added responsibility of children to consider. As far as the c...
McCann, C. R. & Kim S. (2013), Feminist Theory Reader: Local and Global Perspectives (3rd ed.) (pp 11-27).
Feminist Theory is an aspect of considering feminism as having been based on socio-phenomenon issues rather than biological or scientific. It appreciates gender inequality, analyzes the societal roles played by feminists in a bid to promote the interests, issues and rights of women in the society. It is also based on the assumption that women play subsidiary roles in the society. The whole idea of feminism has however experienced hurdles in the form of stereotyping by the wider society. This paper tries to examine some of the effects of stereotypes that feminism goes through, what other philosophers say and the way forward towards ending stereotyping.
Pojman, L. (2002). 6: Utilitarianism. Ethics: discovering right and wrong (pp. 104-113). Belmont, CA: Wadsworth.
Feminist theory looks beyond the common male based perspectives and focuses on women’s perspectives and their roles within society. The feminist theory is still relevant in today’s society. In fact, feminism and the feminist theory will be relevant for as long as there is inequality in this world. For example, according to the United States Department of Labor, women still make 78 cents for every dollar men make, on average, in every career field. Additionally, violence against women is still a prevalent problem today. For instance, one in three women are victims of physical and sexual violence often committed by intimate partners. These statistics are higher in countries where women are treated and seen as property of their husbands. Lastly, reproductive rights are an important step to creating equality. Laws need to protect the rights of women to have freedom over their bodies in the way that men have control over
Mill, John Stewart. "Utilitarianism: John Stewart Mill." Fifty Readings Plus: An Introduction to Philosophy. Ed. Donald C. Abel. Boston, MA: McGraw-Hill, 2004. 416-25. Print.
For centuries, women struggle to obtain equality with men. They are invisible and not given opportunities because of their gender. Feminism is the matter of consideration in social, political, and economic equality of the sexes. The feminist movement has been the key to give the rights to women who have been stricken of their equality and privileges that men had fail to give them. It is believed that women have every right to be equal with men and feminism is achieving this gradually. Feminism is favorable to the men, women, and their families because it gives an equal opportunity in life
Minas, A. (2000). Gender basics: Feminist perspective on women and men.Belmont, CA: Wadsworth Thomson Learning.