Legal theory or theories change with time. A theory can be appropriate for a time but can be useless for other period too. That’s why, with time many theories are emerging. One of the emerging theories is Feminist Jurisprudence.

Feminist Jurisprudence is a sub-group of Critical Legal Studies and post-modernist legal theory. We have a separate blog for Critical Legal Studies. Click here to read it. But in short, according to critical legal studies, law is politics. On the other hand, Post-modern legal theory challenges the liberal orthodox that society has a natural structure and history is one kind of process of evolution towards the natural structure.

Feminist Jurisprudence

Feminist jurisprudence has two terms. The term feminist refers to ‘in favour of female’ and Jurisprudence means ‘study of law’. There is no specific definition of feminist jurisprudence. Different jurists gave different opinions about this. But in a nutshell, feminist jurisprudence is the philosophy of law based on three equality which are political, economic, and social equality of sexes. According to this theory, law is not neutral and power is given in the hand of males. This theory believes, Mainstream is ‘Malestream’. This theory is also known as ‘Feminist Legal Theory. Many scholars are against this theory. According to them, there is no need for a different school of legal thought deserving the title ‘Feminist Jurisprudence.’ But many scholars have argued this view and in modern times this concept is actually important. We need to understand why we need feminist jurisprudence.

History of Feminist Jurisprudence

The development of feminist jurisprudence was closely tied to the broader women’s liberation movement of the 1960s and 1970s, which sought to challenge and transform the entrenched systems of patriarchy and gender inequality that pervaded society. The women’s movement sought to bring issues of gender and women’s rights to the forefront of the political and cultural agenda, and to advocate for legal and social changes that would improve the lives and opportunities of women.

One of the key early influences on feminist jurisprudence was the work of feminist legal scholar Catharine MacKinnon, who argued that law was not a neutral or objective set of rules, but rather a tool for maintaining and reproducing systems of power and oppression. MacKinnon argued that law was deeply gendered, with the interests and perspectives of men often privileged over those of women, and called for a radical rethinking of the foundations of law and the role that it played in society.

Feminist jurisprudence also drew on a range of other disciplines and theoretical frameworks, including feminist theory, critical race theory, queer theory, and postcolonial theory, to challenge and deconstruct the traditional foundations of law and to expose the ways in which it had been used to perpetuate and reinforce systems of domination and oppression.

Over the course of the 20th century, feminist jurisprudence has had a significant impact on the development of law and legal doctrine, particularly in the areas of gender and women’s rights. It has influenced the adoption of laws and policies that address gender-based discrimination and violence, the recognition of diverse gender identities and expressions, and the inclusion of diverse voices and perspectives in legal education and the legal profession.

While feminist jurisprudence has made important strides in advancing gender justice, it has also faced significant resistance and backlash, with some critics arguing that it is incompatible with the principles of objectivity and impartiality that are central to the rule of law. Nevertheless, feminist jurisprudence remains an influential and vibrant field of study and practice, with ongoing debates and discussions about the ways in which law can be used to challenge and transform systems of patriarchy, inequality, and oppression.

The Importance of Feminist Jurisprudence

We can’t deny the fact that ours is a patriarchal society. So when laws were made, it was an outcome for men only. The process was basically thinking of men’s perspectives. Even when the laws for women were enacted for women, it was men’s understanding of women. So, basically, the law sees women through male eyes. We can see the reflection in many statutes. Here are a few of them:

1. In adultery (it is mentioned in Section 497 of Indian Penal Code 1860), it won’t be a crime if the sexual intercourse is with the consent or connivance of the husband of the woman. Basically, this treats woman as Chattel i.e. personal possession which violates a woman’s dignity. In India, adultery is no longer a crime but in Bangladesh, this still exists.
2. The definition of rape given in Section 375 of Indian Penal Code 1860, is the penetration of the vagina by the penis. But, all forms of penetration should be in the definition of rape which was ignored. Even in the case Sakshi V Union of India, the Supreme Court said, the definition can’t be altered.
3. One of the defenses against rape is the immoral character of the victim which is so obnoxious in today’s modern perspective. This is mentioned in Section 155(4) of The Evidence Act, 1872.
4. Marital Rape is still not recognized in both India and Bangladesh. The worst part is, sexual intercourse with own wife and the wife not being under 14 years of age is not rape.
5. The High Court of India gave a very peculiar judgment recently. A 39-year-old man invited a 12-year-old girl on the pretext of giving her something to eat. That man gripped her breast and attempted to remove her clothes. The High Court held that since he groped her without removing her clothes, it can’t be sexual assault.

These were a few examples. There are numerous examples of women are being treated differently in a negative view compared to men. That’s why feminist jurisprudence is so important. It seeks to incorporate feminist reasoning into law and legal scholarship.

Feminism and Feminist Jurisprudence

Both these two are different. Feminism is an old concept. The history of feminism is too old. Mary Wollstonecraft is the mother of feminism and through her book, A Vindication of The Rights of Women in 1792, women’s right and equality was getting established. But the term was first coined by Charles Fourier. There were four waves of feminism till now. The very recent wave was named as Me Too Movement. It was because of sexual harassment, violence against women, and rape culture.

But Feminist Jurisprudence is a modern concept. It started in the 1960s as a subgroup of the CLS movement and Pose-modern Legal Theory.

Types of Feminist Legal Theory

Different types of feminism have influenced to development of feminist legal theory. There are many types. But here we will discuss five types of feminist legal theory. They are

1. Liberal Feminism
2. Difference Feminism
3. Radical Feminism
4. Cultural Feminism
5. Post-modern Feminism

Liberal Feminism

Liberal feminism is a form of feminism that emphasizes the individual rights and freedoms of women, and the need for legal and social equality between men and women. It is based on the belief that women and men are fundamentally equal and should be treated as such under the law, and that discrimination and oppression based on gender are unjust and should be eliminated.

Liberal feminism traces its roots back to the Enlightenment and the ideals of liberty, equality, and justice that underpinned the political revolutions of the 18th and 19th centuries. It was influenced by the works of philosophers such as John Locke, who argued that all individuals have natural rights to life, liberty, and property, and that the role of government is to protect these rights.

Liberal feminists believe that the key to achieving gender equality is through the extension of individual rights and freedoms to women, and the removal of legal and social barriers that prevent women from fully participating in society. This includes measures such as the adoption of equal pay and employment opportunities laws, the removal of discriminatory laws and policies, and the expansion of women’s access to education and other resources.

Liberal feminists also argue that the personal is political, and that the struggles and experiences of individual women are shaped and influenced by the larger social, economic, and political structures in which they live. They, therefore, advocate for the recognition and protection of women’s rights within the framework of a liberal, democratic state, and for the use of legal and political processes to bring about change.

One of the key criticisms of liberal feminism is that it tends to focus on the rights and needs of individual women, and may not adequately address the structural and systemic factors that contribute to gender inequality. It has also been criticized for being overly focused on the needs and interests of middle-class, white, cisgender women, and for failing to adequately consider the intersecting identities and experiences of women who are marginalized based on race, class, sexuality, and other factors.

Despite these criticisms, liberal feminism remains a significant and influential force within the feminist movement and feminist jurisprudence and has had a significant impact on the advancement of women’s rights and gender equality. It continues to inform and shape legal and policy debates around issues such as reproductive rights, equal pay, and discrimination, and remains an important source of inspiration and guidance for feminists seeking to promote gender justice and equality.

Difference Feminism

Difference feminism is a form of feminism that recognizes and celebrates the diversity and uniqueness of women’s experiences and identities, and seeks to understand and address the ways in which systems of patriarchy and gender inequality intersect with and are shaped by other forms of difference and identity such as race, class, sexuality, and ethnicity.

Difference feminists argue that the traditional feminist focus on universalizing the experiences and needs of women, and on advocating for universal solutions to systems of oppression, has often resulted in the exclusion and marginalization of the voices and perspectives of women who are different in some way. They therefore advocate for a more inclusive and intersectional approach that takes into account the specificities and complexities of women’s lives and identities.

Difference feminists also critique the modernist idea of the autonomous, rational, and self-determining subject, arguing that this concept is a product of the Western, patriarchal, and capitalist systems of power and oppression. They therefore reject the idea that women can or should strive to achieve equality and liberation by simply adopting the values and practices of the dominant culture, and instead call for the recognition and celebration of the diversity and uniqueness of women’s experiences and identities.

One of the key criticisms of difference feminism is that it can be overly focused on the experiences and needs of individual women, and may not adequately consider the structural and systemic factors that contribute to gender inequality. It has also been criticized for its lack of attention to issues of power and privilege, and for its tendency to downplay the importance of collective action and solidarity in achieving gender justice.

Despite these criticisms, difference feminism remains an important and influential force within the feminist movement and feminist jurisprudence, and has had a significant impact on shaping debates and discussions around issues of gender and identity. It offers a powerful critique of the ways in which traditional feminist approaches have often failed to adequately consider the diversity and complexity of women’s lives and identities, and offers a vision of a more inclusive and equitable world in which the unique and positive qualities of women are valued and respected.

Radical Feminism

Radical feminism is a form of feminism that views patriarchy, or the systematic oppression of women by men, as the root cause of women’s oppression and seeks to challenge and transform the fundamental power structures and cultural values that sustain it. Radical feminists believe that the personal is political, and that the struggles and experiences of individual women are shaped and influenced by the larger social, economic, and political structures in which they live.

Radical feminists argue that the traditional foundations of society, including the family, the state, and capitalism, are fundamentally patriarchal and serve to reinforce and reproduce systems of male dominance and female subordination. They therefore advocate for the fundamental transformation of these structures and the creation of a society in which women are free to determine their own lives and destinies.

Radical feminists have a long history, with roots in the women’s suffrage and socialist movements of the late 19th and early 20th centuries. In the 1960s and 1970s, radical feminism emerged as a distinct movement within the broader women’s liberation movement, influenced by the works of feminists such as Shulamith Firestone, Valerie Solanas, and Andrea Dworkin.

Radical feminists have developed a range of strategies and tactics for challenging and transforming patriarchy and achieving gender justice. These include the creation of alternative institutions and cultures that operate outside of the mainstream, such as feminist collectives and communes, and the use of direct action and civil disobedience to disrupt and challenge oppressive systems and practices.

Radical feminists also place a strong emphasis on consciousness-raising and the personal transformation of individual women as a means of challenging and transforming the larger systems of patriarchy. They argue that women must recognize and reject the internalized misogyny that has been imposed on them by patriarchy, and develop a sense of solidarity and sisterhood as a means of resistance.

One of the key criticisms of radical feminism is that it tends to be overly focused on the experiences and needs of cisgender, heterosexual women, and may not adequately consider the intersecting identities and experiences of women who are marginalized based on race, class, sexuality, and other factors. It has also been criticized for its tendency to view men as a monolithic and oppressive group, and for its lack of attention to issues of class and economic inequality.

Radical feminism has had a significant impact on shaping debates and discussions around issues of gender and patriarchy. This theory has shaped feminist jurisprudence pretty well. It continues to inspire and inform feminist activism and scholarship and offers a powerful critique of the ways in which patriarchy shapes and constrains the lives and experiences of women.

Cultural Feminism

Cultural feminism is a form of feminism that emphasizes the unique and positive qualities of women, and the need to value and celebrate these qualities in order to achieve gender justice. Cultural feminists argue that women and men are fundamentally different, and that these differences should be recognized and respected rather than erased or minimizing them.

Cultural feminists believe that women possess qualities such as nurturing, caring, and compassion, which are often undervalued or marginalized in a patriarchal society that values aggression, competitiveness, and individualism. They therefore advocate for the recognition and celebration of these qualities, and for the creation of social, cultural, and political institutions that reflect and support women’s values and needs.

Cultural feminists also argue that women’s experiences and perspectives are shaped and influenced by the larger cultural and social structures in which they live, and that these structures can either reinforce or challenge systems of patriarchy and gender inequality. They therefore advocate for the creation of alternative, feminist cultures and communities that celebrate and support the unique qualities and contributions of women.

One of the key criticisms of cultural feminism is that it tends to essentialize and universalize the experiences and qualities of women, and may not adequately consider the diversity and complexity of women’s lives and identities. It has also been criticized for its tendency to view men as a monolithic and oppressive group, and for its lack of attention to issues of power and privilege.

Despite these criticisms, cultural feminism remains an important and influential force within the feminist jurisprudence, and has had a significant impact on shaping debates and discussions around issues of gender and identity. It offers a powerful critique of the ways in which patriarchal culture and values have been used to devalue and marginalize the experiences and contributions of women, and offers a vision of a more inclusive and equitable world in which the unique and positive qualities of women are valued and respected.

Post-Modern Feminism

This type of feminism is a mixture of three types of feminism. Thery are

1. Post Structuralism
2. French Feminism
3. Post Modernism

Postmodern feminism is a form of feminism that challenges the assumptions and universalizing tendencies of modernist feminism, and seeks to situate women’s experiences and identities within the complex and diverse contexts of postmodern culture and society. Postmodern feminism recognizes that gender, like all other aspects of identity, is shaped and influenced by a wide range of social, cultural, and historical factors, and that it intersects with other forms of difference and identity such as race, class, sexuality, and ethnicity.

Postmodern feminists argue that traditional feminist approaches, which seek to identify and critique universal systems of oppression and to advocate for universal solutions, are inadequate for understanding and addressing the complex and diverse experiences and needs of women in a postmodern world. They therefore advocate for a more contextual and relativistic approach that takes into account the specificities and complexities of women’s lives and identities.

Postmodern feminists also critique the modernist idea of the autonomous, rational, and self-determining subject, arguing that this concept is a product of the Western, patriarchal, and capitalist systems of power and oppression. They therefore reject the idea that women can or should strive to achieve equality and liberation by simply adopting the values and practices of the dominant culture, and instead call for the creation of alternative, non-hierarchical, and non-oppressive ways of being and relating.

Postmodern feminists have developed a range of strategies and tactics for challenging and transforming systems of oppression and promoting gender justice. These include the use of performance and storytelling as a means of resistance and self-expression, the creation of alternative spaces and communities that operate outside of the mainstream, and the use of deconstructive and subverting tactics to challenge and subvert dominant narratives and power structures.

One of the key criticisms of postmodern feminism is that it can be overly skeptical and relativistic, and may fail to provide a clear and coherent framework for understanding and addressing systems of oppression. It has also been criticized for its lack of attention to issues of power and privilege, and for its tendency to downplay the importance of structural and systemic factors in shaping the experiences and opportunities of women.

Despite these criticisms, postmodern feminism remains an important and influential force within the feminist jurisprudence and has had a significant impact on shaping debates and discussions around issues of gender and identity. It offers a powerful critique of the ways in which modernist notions of identity and subjectivity have been used to reinforce and reproduce systems of oppression, and offers a vision of a more diverse and inclusive world in which women’s experiences and identities are valued and respected.

Impacts of Feminist Jurisprudence

Basically, the idea of feminism and feminist jurisprudence is spreading in society. That’s why we can see some positive changes in society. Some of the impacts of this we can see in many statutes and here are a few of them.

1. Dowry Prohibition Act, 1980 and 2018 India
2. Maternity Benefit Act, 2017 India
3. Domestic Violence Prevention and Protection Act, 2010 Bangladesh
4. Sexual Harassment at Workplace Prevention, Prohibition and Redressal Act, 2013 India

These were all about Feminist Jurisprudence. Click here to read Jurisprudence articles.