The Study On Feminist Jurisprudence

Feminist jurisprudence is one part of the modern Western jurisprudence, not only is it the inheritance of traditional legal theory, but also is the critique of traditional legal theory. Feminism is attributed to the unequal relation between men and women. Feminism focuses on law. Nowadays, feminist jurisprudence is an important school. About Law and regulations making in China, as well as the various of problems about ender equality in real life, we need to assimilate and reference the theoretical achievements of the feminist jurisprudence, in order to achieve gender equality really,turning the legal form equality into essencial equality. Therefore, I will do a further study on feminist jurisprudence in the big context of law. and to propose my shallow opinion about feminist jurisprudence. The article is divided into five parts:The first part is the foundation of the feminist jurisprudence.In this section,1 analyze the practice basis and theoretical foundation of the feminist jurisprudence. Judging from the practice foundation, the three times of the women's movement and the development of women's studies in the history also provides a favorable external environment for feminist jurisprudence. About theoretical foundation, deconstructionism is as the philosophical foundation of the feminist jurisprudence. The representative figure of deconstructionism, Derrida, to rebuild the concept,"deconstruction", he overthrew dual opposites and attacked the backward social structure. Critical legal studies provides theory basis for feminist jurisprudence, in essence it is the criticism of the traditional liberal jurisprudence, we should treat problems from diversified perspectives. This point coincides with the viewpoint of feminist jurisprudence. And critical legal studies produced before feminist jurisprudence. So, we can say, critical legal studies is the expected stage of feminist jurisprudence. Meanwhile, various schools of feminism jurisprudence provide a powerful thought weapon for feminist jurisprudence.Although there are many differences,they are the challenge to traditional liberal jurisprudence, and they are from different aspects to convery their opinion, and they all reject thinking mode of male-centered, therefore, they pay more attention to the differences between men and women. The second part is the discussion and evaluation on the methods of feminist jurisprudence. Methods are indispensable for everyone studies problems. Not only can help we can structure facts, but also they can guide us that what evidence can help us study, the same as feminist jurisprudence. Next 1 will elaborate from women position and legal methods,which express women's stance by asking women questions and raising women's consciousness. Legal methods is that what uses in the process of law research, which law researchers usually use to discuss mainly the theory questions. Legal methods is used as a method that in the process of applicable law, which legal practice staff use mainly to research practice problems. The methodology of feminist law methods include that asking women questions and raising women's consciousness. Legal methods is as a kind of tool of solving practical problems, which includes interpretatin,reasoning and arguing. Although there are all kinds of methods, their aim is to get women more rights.The third part is the feminist jurisprudence critizes the traditional liberalism law, next, the author will criticize rational centralism,dualism,social contract theory and equality. The essence is criticizing the central idea of male hegemony. This part is grounwork for the next part.The fourth part is the core problem that feminist jurisprudence focuses on. The section studies from the aspects of rape, pornography, family violence. First, about rape, I will discuss rape within marriage here. It is as a kind of family violence, that is, duration of the relationship between husband and wife, the husband is against her will, forcing sexual behavior with his wife by violence, threatening or other means. We can see from two respects, the private sector and the public domain.In the private sector, people think rape as personal affairs, thinking that as long as the relationship exists between husband and wife, there is no need of law, but moral restraint. And the public domain, mainly in the areas of the law.The feminist legal scholars thinks, in thinking and behavior, men defined within marriage as the sexual violence against women, and against women's will. Therefore, they think critically that rape is a kind of violent behavior.The following problem is pornography, here MacKinnon's opinion, who is a famous feminism scholars, thinking that the government should control to pretect the women from more damage,and she thinks pornography is a form of gender discrimination. The author will emphasize below. The third problem is domestic violence.Now, compared with previous domestic violence, the women's status has improved, but the domestic violence still exists. The author thinks that it is not only need to formulate relevant laws and regulations, but only it need to regulate person's moral restraint.The fifth part is the evaluation of feminist jurisprudence by analysing value and defects.First, the author will analyze the meaning by the theoretical and practical significance, it offers diversified perspectives for us understanding feminist jurisprudence. Next, about the practice significance, such as rape, pornography, family violence, and concerning for vulnerable groups, they put forward a set method themselves, that is, it has played an important role in the formulation of the laws and regulations of our country,along with problem solved of equality between men and women. Secondly, about the defect of it. Any theory is not perfect,mostly, feminist jurisprudence critize the theory,because seldom did it mention constructing.Then feminist jurisprudence did not mention the primary cause that the women are not equal treated,which is governance of bourgeoisie oppression. Therefore, this theory cannot liberate women fundamentally. Feminist jurisprudence is based on postmodernism as philosophy foundation. To the traditional law of entrenched feminist jurisprudence,it only involves surface parts, not overthrow traditional law radically. Finally, because the feminist legal scholars value only differences between men and women repelling the marriage, going to female-centered extremes. Therefore, feminist jurisprudence still need to be further perfected.