| Since the birth of feminist jurisprudence,there have been many schools within it.Although they are in different eras and backgrounds and have very different ways of looking at issues,the collision of these views has promoted the continuous improvement of feminist jurisprudence theory,the status of women has actually improved as well.However,we are still in a patriarchal society,and in order to truly achieve equality between men and women,we need to get rid of the patriarchy’s influence and even control over our thoughts.Compared with many western countries,the research on feminist jurisprudence in our country started relatively late.Although the academic circles have gradually increased the heat of discussion in recent years,there has been little theoretical innovation.The research and analysis of discourse theory aims to promote the construction of women’s legal discourse.In view of this,this paper attempts to study the four schools of feminist jurisprudence from the perspective of linguistics combined with discourse theory,and focuses on analyzing the influence of Foucault’s discourse theory on postmodern feminist jurisprudence.This paper consists of four chapters.The first chapter discusses the linguistic construction of feminism.The first section introduces the Sapir-Whorf Hypothesis,which brings enlightenment to feminism.This hypothesis maintains that culture and language are interdependent and inseparable,and language has a profound impact on people’s perception of the world.The second section elaborates language and gender in detail,including the possible formation of stereotypes in the interpretation of women based on gender differences,gender differences involved in sociolinguistics,language problems in feminism and the significance of discursive construction to gender,which lays a theoretical foundation for the interpretation of feminist jurisprudence from the perspective of discourse theory.The second chapter introduces the main schools of traditional feminist jurisprudence and their discursive construction.Schools mainly include: liberal feminist jurisprudence that advocates equality,radical feminist jurisprudence that criticizes patriarchy,and cultural feminist jurisprudence that tries to redefine women’s values.This chapter interprets their main ideas,analyzes their emergence and development combined with discourse theory.The third chapter first gives a brief overview of postmodernism and its reflection in feminism,introduces the main issues concerned by postmodern feminist jurisprudence,such as gender mobility and discourse,and it challenges the binary opposition between male and female.Then it analyzes the relationship between power,subject,discourse and postmodern feminist jurisprudence,and discusses sexual crimes based on Foucault’s discourse theory.Based on the analysis of the three chapters mentioned above,the fourth chapter points out the limitations of feminist jurisprudence,including the debate between different schools hinder the settlement of women’s issues;the failure to fundamentally shake the patriarchy and the treatment of men as outsiders.Then,in order to meet the demands of women in today’s era,the author considers the possibility of discursive construction of feminist jurisprudence,and explores the way out for the future development of feminist jurisprudence.At present,most Chinese scholars mainly focus on the translation of foreign theories and laws,the elaboration and analysis of a certain school of views,or the reflection of a specific women’s issue,and seldom pay attention to the discourse of women.In view of this,on the basis of explaining the core views of various schools of feminist jurisprudence,this paper will introduce discourse theory to explore the discursive construction of feminist jurisprudence,hoping to make a contribution to the struggle for and creation of women’s discourse. |
