The Self-Critiques And Reconstruction Of Feminist Jurisprudence

The feminism had many factions from its birth to nowadays, which has the great impacts such as the liberal feminism, the Marxism feminism, the socialism feminism, the radical feminism, the cultural feminism, the mental analyzing feminism, the existentialism feminism, the post-modern feminism, the multi-cultural and global feminism and the biological feminism and so on. And the legal feminism is based on the theories of feminism to study the rights and duties of women in laws that in order to change the current situation of discrimination by sex to realize the true equality of men and women as its end, which has the powerful political and practical meanings.The moves of feminism under the guidance of legal feminism achieved the certain successes and the escalating position of women or the more and more important social roles by women. In 2009, there are five females honored by the Nobel Prize as the new record, especially the prize for economy and chemistry comparing with the usual prizes of peace the literature and medicinal or biological one for women. So someone call it as the "female’s victory of Noble Prize in 2009". Moreover, as the statistics of the paper "the existing situation of American women" in Times that since the last months of 2009, the fact that there are more females than the males working in society comes firstly in American history which means that more and more women becomes the "bosses" in their families. That’s results of the females’ hard-workings but also the reflections of the respects and acceptances by society, which provided them the equal chances for the educations and labors that evacuated the sexual discrimination based on the affirmative values and talents of women. However, the "escalating position" is still the "progressive tense". As the two examples mentioned above, there are 789 Nobel Prize winners that 35 females among them accounted for less than 5% in the lasting hundred year of Nobel Prize history and maybe the 2009 is just the "good luck"; and the numbers of labors is only the "first-time".Therefore, the current society is still the paternity one totally that the obvious sexual discrimination does not existing in the systems and the prejudices and inequality are still in the minds. And the position of females is lower caused by the following factors such as the families, the social systems, the awareness and themselves. For example, the problem in their minds would be reflected in the construction of systems and the systems would impact on the minds oppositely which made the people are hard to distinguish the true reasons of the sexual discriminations. Although the discriminations by sex would not be written in the systems, particularly the legal system, the equality is not strengthen in the public’s minds that would be the potential dangers or the possibility to some direct actions. Therefore, the females do not get the totally emancipation and the ends of feminism are still ahead with the tough tasks.All the issues above are the outsider ponders that could demonstrate the necessity of the studies on feminism. Comparing with the other discussions about the feminism, this paper focuses on the view of legal feminism. The dilemma of feminism is triggered by those outsider factors and also the problems of itself, which are the following questions:what are the obstacles of legal feminism? How the obstacles shaped? How to get rid of them? And this is the clue of "what-why-how" to the studies of legal feminism. In these three levels, the perspective is insider but not the single one. So the analysis avoided the outsider factors to the social system of feminism but key point in this paper is the "impacts" of the acceptance about the feminism in the subjective misunderstandings. Finally, this paper is aimed to make a scientific and objective evaluation on the legal feminism and make these theories automatically developed under the critiques and ponders.As the different schools had the different comments over the various feminisms, the difference between those ideas and this dissertation is that the analysis over the legal feminism as the whole. This is to conclude common existing problems in every school and to analyze the conflicts between them and to dig into the same defects beneath their options. By the gradually clarification of all the problems in the traditional feminisms, this is the composition of the Chapter One.Under the analysis of the traditional feminisms combing with the post-modern legal feminism the author discover that the later one had provided some instructive paths to salute the dilemmas. So Chapter Two would given the answer to the Chapter One on the standpoint of post-feminism that could achieve the following two targets:one is that the replies to the traditional feminisms from the angle of post-feminism; two is that the interpretation of post-feminism would clarify the puzzles and questions under the logic to cope with the misunderstandings and to demonstrate the post modernity is not only the subversion and deconstruction but the radical thoughts and the real cares behind the humanities and the hot-issues of females.Although the post modernity had solved the problems of legal feminism, the "innate defects" of post modernity causes the extinguishment of the whole feminism which is the rethought over the post modern legal feminism in Chapter Three. The author points out that the preconditions of post modern legal feminism made the traditional trappers out but made it into the cures and morasses of "post modernity".After the negative of the traditional legal feminism by the post modernity legal feminism and the ponder on the post modernity one, in the last part of the paper, the author tired to explore a new way to study on legal feminism which is called as synthetical legal feminism. It would beyond the shackles between the traditions and modernity and cut off the dependence of some certain ideology and conclude the common issue of legal feminism to find the best solution and the unified active outline in order to the primary explosion to the future legal feminismChapter One:the academic dilemmas of traditional legal feminisms. In this part, the author tries to make the analysis and summary about the various theories of legal feminisms except for the post modern one and to find out the academic defects in these theories which cause the targets-achieving of the movement of feminism.One is that the obstinate patriarchy could not be totally criticized. This part elaborates that the legal feminism is born from the revolting to the patriarchy but most of the legal feminisms are based on the premise of the particular qualities of man and woman under the paternal society, which is hard to get the end of these theories.Two is that these theories could not resist the men’s interest and get lost at last. The approaching way of these legal feminisms usually do not touch the benefits of males that change the serious debates into the quarrels between females and farce by the males. The sub consciousness could not mention the power of males but the sacrifices of women’s interests as the methods are the burdens for the modern females and the missing position for the women’s "self-lost" under the ways of legal feminisms.Three is that the contradictions and ambiguous by the various groups that could not form the union to the movement. The legal feminisms are hard to get the agreement on the certain issue and the choices are made so narrow which is hard to communicate to shape their actions.This part gave the resources to the legal feminisms under the existing patriarchy that is shaped the appendix aspect of these theories’ puzzles. As the lacking of the rooting theories, the legal feminisms had to give up the basic rights of females in order to keep the incoherence to the theories. In the practices, the betrayed and the abundant fates in legal feminisms would happen in the hard processes.Five is that the embodiment of legal feminisms in laws. By the attitudes of the actual marriages in Chinese laws and the impacts of the society, there is much discrimination to women under the systems which shaped the non equality by genders.Chapter Two:the solution of post modern legal feminisms to the dilemmas of traditional legal feminisms. Besides the general introduction of post modern legal feminism, the solutions would be unfolded by the following aspects:One is that post modern legal feminism is against the absolute ruling by the reasons and totally gets rid of the awareness of patriarchy. The utter respects to the reasons and the non rational recognition of females are the bases of the ruling of man to woman. So the prudence attitude to the reasons would be the emancipation of females.Two is that the differences are focused to reconcile the disputes by the traditional theories. Post modern legal feminism not only emphasized the differences between the two genders but also the insider odds in females. On the theory of the odds, post modern legal feminism uses a very special method to temper the quarrels by the traditional legal feminisms.Three is that from the facts to the speeches to construct the new critic weapon of legal feminism. Post modern legal feminism change the position of the traditions that from the facts to the reconfirm of their voices, which support that the freedom and liberty of females that the women could give their own voices.Four is that the embodiment in the laws for the support of legal feminism as the set for the crime of rage. By the elaboration of the rape in law, the author illustrates the weaken position of females as the certain sample for the basic foundation for post modern legal feminism.Chapter Three:the reflection over post modern legal feminism. The post modern legal feminism as the resolution had its problems in the theories too:Firstly, it is against the essences which weaken its political quality. The relativism and the extinguishment of subjects and the appendix of post modernity are theoretically becomes the most weak legal school which tamper the political and actual quality of legal feminism.Secondly, the impossibility of post modern legal feminism is argued. This part analyzed the position of post modernity and the opposite one of legal feminism as the key point of the combination of feminism and laws as the great critiques by the females "laws". Lastly, there is the doubt for the "establishment of multi-cultures". Through the differences are focused by the humanity cares and the multi-values, the multi-cultures are the faked expressions in the logic and the extremes to the ridiculous results and finally ruins feminism itself.Chapter Four:the construction of synthetical legal feminism. This part is aimed to lean the lesson form the traditional and post modern legal feminism and to design a new legal model for the feminism.It would reshape the humanity cares for legal feminism to establish the legality for legal feminism; it also certain the final end of the study and clarify the misunderstandings for the broaden support and enjoyment of legal feminism’s academic achievements.It would get rid off the ideologies to construct the independent theoretical system without the appendix quality as the same problem for the traditional and post modern ones, which would be the clue for the questions as the independent systems.It could reconstruct the subjective quality of females that is used to be the puzzle in the former legal feminisms and to get the dialectical sense to the biological and social genders without the prejudicial views, which could be the base for the reconstruction of the female’s subject under the two different "genders".And it would be the balance in laws for the commons and differences. Form the existing critiques of legal feminisms to the new theoretical construction, the experiences in laws would be the reconnection to the two genders’ odds and the insider ones in females. Meanwhile, the common places between the man and woman or the women would be the balance in these differences to construct the legal system based on the differences and the illusion of the differences. Finally, under all of these theories mentioned above, the legislated concise to the crime of rape and the actual marriages would be more proper to the principle of equality to utilize the practices into laws to reply the former context.