The Gender In The View Of Jurisprudence

Based on the meaning of gender analysis to feminist legal theory, based on preliminary analysis of the current lack of protection of gender equality, drawing on feminist legal concept of equality and difference in the development, proposed level of effective protection of substantive equality between men and women Little implementation of equality measures. This dissertation consists of four chapters besides Introduction and Conclusion:Chapter One: Gender theory is the fruit of the development of feminist theory. Understanding the process of development of this theory is very significant for us to absorb these feminist theories critically and foster our research on gender theory. Expounded on gender theory is an important result of feminist theory, as a starting point, you can help us understand the law feminist jurisprudence on the relationship between gender-related theory, critical theory to draw on its results, for the study of gender has positive.Chapter Two makes a thorough analysis of the theories of women's right in the world. After introducing the historical background of the present study, the author gives an account of the tendency in the studies of the women's right. Pointing out that the current society is still widespread discrimination against the female gender conflict, this history and current situation, that the realization of gender equality protected long way to go.Chapter Three positioned to study core issue of the feminist jurisprudence, equality and difference theories, and it combed though the entire development of the American feminist jurisprudence, explored its academic origins. In general, the American feminist jurisprudence has showed a trend of progression. Through such comparative study, the paper showed that the development from one stage to another stage in the American feminist jurisprudence was a succession and to surpass,extending the meanings of"equality"and"difference"attempting to leave the"difference dilemma"。The desire of the feminist jurisprudence means to evolve its goal from pursuing the equality between men and women to a broader goal of comprehensive equality for human beings. This section discussed the enlightenments that the American jurisprudence may have on the Chinese feminist studies. The issues regarding which views should be taken on equality or difference and whether women should be specially treated or be treated on a basis of no difference from men require the attention of the Chinese legal circle.Gender justice is proposed to achieve substantive equality between men and women approach. This section presents the "gender justice" is to break the simple "gender equality " constraints, and more effectively quantify the concept of security to achieve gender equality through emphasis on gender analysis of legislation and how to analyze social gender in law-making. Advocating a change in the direction for law-making and in the idea of"equality in form"to idea of"equality in essence"is important. We must take social gender into consideration in legislation when we introduce social gender to the field of the law.