Course:Law3020/2014WT1/Group R/Feminist Jurisprudence

From Kumu Wiki - TRU
Jump to navigation Jump to search

Introduction to Feminist Theories and Jurisprudence

The feminist approach to jurisprudence is both modern and multi-dimensional. The diversity within the theory itself stems from being centred around the "lived experiences of women". No two people are alike, and thus a theory which champions the different perspectives and experiences of all women is inherently complex with many different approaches and ideas.

Despite the differences that exist there are underlying concepts which are core to the theory of feminist jurisprudence. [1] Two of these fundamental core concepts are; 1. The world as we know it is structured by patriarchy.[2] 2. Patriarchy is bad for women, it is morally unjustified, and should be eliminated[3]

Many of the differences amongst feminist theorists stems from the second concept, and disagreements over how to change the existing status quo of a society structured by patriarchy.

Evolution of the Feminist Theory

Response to Feminist Critiques

Toward Feminist Jurisprudence

Application to B.M v British Columbia (Attorney General)

  1. Dworkin, 139
  2. Dworkin, 140
  3. Dworkin, 140