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To Reflect On Feminist Jurisprudence

Posted on:2005-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:M X FanFull Text:PDF
GTID:2206360125951885Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Connecting Feminism with Jurisprudence developed Feminism Jurisprudence ,which had be seen as an independent school of jurisprudence since the late twenty centuries. Although appeared only several years, it developed very well in the field of legislation and Jurisdiction: In recent years Feminism Jurisprudence does also very well in theories, and little by little touches on the studies of juristical methodology. The questions that it researches have been expanded, such as the rights of homosexuals and black women, even including the international rights of women and so on. Feminism Jurisprudence objects to patriarchy which still exists in the studies of law, and wins many successes. However, as a new school of Jurisprudence which on earth impact on the studies of law or not, this is a question. It's too early to draw a final conclusion about this. But there is a point we must affirm is that the greatest strength of Feminism Jurisprudence is criticism of law.When the creative power of Feminism Jurisprudence is noticed gradually by people it meets with post-modernism. Feminism Jurisprudence loses its way because Gender which is a nuclear concept of Feminism Jurisprudence is deconstructed by post-modernism. What can we do to help Feminism Jurisprudence which is in deep waters? This is just the aim of this article to reconstruct Feminism Jurisprudence.Feminism Jurisprudence has double identities: one is political identity, the other is academic identity. Owing to its political identity, Feminism Jurisprudence and modem laws are as closely related as the lips and teeth, because both of them embrace the same nuclear conviction that is Natural Rights.This conviction is also the fundamental difference between Feminism Jurisprudence and Post-Modernism. The writer takes more attention to the academic identity. The main reason is that we can catch the soul which is Gender method to reconstruct Feminism Jurisprudence.This paper is divided into three parts. The first part mainly points out the double identities of Feminism Jurisprudence. In this part, there are two problemsto be solved. One is finding that the close relationship of Feminism Jurisprudence and Modernism through analyzing women's rights in history, the other is proving Gender method is the nuclear method of Feminism Jurisprudence.The second part specifies Gender method aiming for thinking of Feminism Jurisprudence again. The writer draw such a conclusion: Gender method has two parts: The first is that with the help of the method, Feminism Jurisprudence wins great success in criticizing modem Jurisprudence and law and regulation; The second, Gender method owns limits.The third part points to the limits of Gender method and provides the writer's own suggestions. In order to testify her ideas, the writer takes the poor black women's rights as examples. The writer insists that Gender method should be connected with other methods. Only the Gender method, which has been reformed can be responsible for reconstructing Feminism Jurisprudence.At last, the writer advocated that Gender method would be bring into playing more important roles in the coming culture revolution.
Keywords/Search Tags:Jurisprudence
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