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American feminist jurisprudence

2019-03-25 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- American feminist jurisprudence,供大家参考学习,这篇论文讨论了美国的女性主义法学。美国女性主义法学,作为女性主义理论的一个分支,脱胎于第二次女权主义运动。女性主义法学从两性关系出发,通过深刻对传统法学进行意识形态分析,揭示了法律在维护父权制和男性中心的意识形态方面所扮演的重要角色,抨击了现行法律制度中暴露或隐含的性别歧视以及隐藏其后的意识形态,并要求站在女性的立场,通过女性的经验构建一种以实现性别正义为目的的女性主义法律体系。

feminist jurisprudence,美国女性主义法学,essay代写,作业代写,代写

American feminist jurisprudence, as a branch of feminist theory, was born out of the second feminist movement in the 1960s. Feminism, starting from the relationship of law, analyses deeply the traditional law ideology, reveals the law in the maintenance of the center of the patriarchy and male ideology plays an important role, attacked the current legal system in revealing or implicit gender discrimination and hidden behind the ideology, and stand in the position of women, by women experience to build a law for the purpose of feminism in order to realize gender justice system. In addition, the research scope of feminist jurisprudence also involves feminist epistemology, methodology, the protection of women's rights and interests of people of color and the third world, and the protection of the rights and interests of people with disabilities, homosexuals and other marginalized people. As a new school of law, feminist jurisprudence has produced many important and far-reaching influences in the American legal field.

Women, as "half the sky" of human society, are the group that has been oppressed the longest and the most. Since the "historic failure of women", men, even the most oppressed men, have been able to oppress at least one person, his wife. Women fought long and hard for equal status and rights with men. It wasn't until the 19th amendment to the U.S. constitution came into effect in the 1920s that American women had the same right to vote as men.

However, women were disappointed to find that DE facto inequality between the sexes persisted even though the law granted women the same civil rights as men. With the rise of the second feminist movement, a variety of feminist thoughts are springing up. At the same time, with the increase of female workers in the American legal and legal fields, feminist scholars have new theoretical weapons and practical experience, and can re-examine traditional jurisprudence.

The representative school of feminist jurisprudence in this period is the liberal feminist jurisprudence. This school of thought denies the difference between men and women. Since gender is the result of individual choice, women can choose to be as rational as men and therefore should enjoy the same rights as men. In addition, they wanted to legislate for women to have the same right to education, employment and other rights, but they did not think deeply about the existing legal system itself.

The two most influential schools in this period were cultural feminist jurisprudence and radical feminist jurisprudence. Cultural feminist jurisprudence, on the basis of criticizing liberal feminist jurisprudence, puts forward that the equality between men and women should be realized on the basis of recognizing the differences between men and women, but opposes the gender hierarchy based on the differences between men and women. However, the radical feminist scholars believe that the inequality between the sexes is not caused by the difference between the sexes, but stems from the patriarchal system, and then point out that the law is "the theory of men" and "the ultimate embodiment of male power in a patriarchal society". Therefore, they are not only satisfied with the revision of the legal provisions, but also devoted to the criticism of the legal system and ideology that uphold the patriarchy. These two schools respectively formed the "difference theory" and "domination theory" in the feminist theory, and triggered a long-term debate within the feminism.

At the end of 1980s, due to the emergence of various social problems and the "anti-criticism" of mainstream jurisprudence, the three major feminist jurisprudence appeared before all fell into a low ebb. At this time, the post-modernism jurisprudence school just separated from the post-critical jurisprudence school and obtained considerable development. Postmodern feminist jurisprudence does not recognize the objectivity, neutrality and universality of law, and believes that law is based on male standards. Postmodern feminist jurisprudence opposes the traditional binary opposition of male and female gender, and believes that gender hierarchy is built on such gender dichotomy. They oppose grand narratives and focus on specific legal issues... The emergence of postmodern feminist jurisprudence is the trend of pluralism in feminist jurisprudence.

After the 1960s, feminists found that the existing legal system actually maintained the unfavorable position of women in sexual relations, so they began to investigate the existing legal system and tried to establish an epistemology of feminist jurisprudence. In this period, the three influential schools were feminist empiricism, feminist standpoint and postmodern feminist epistemology.

Feminist empiricists deny the objectivity and neutrality of the law, believe that the law excludes women's experience and has gender bias in the process of rule setting, evidence collection and conclusion reasoning. Because the social background and social experience of legal workers will affect their work. Therefore, feminist empiricists advocate to change the existing legal social context and eliminate prejudice by strengthening the communication and dialogue between legal workers of the opposite sex.

Feminist standpoints agree with the influence of social background on legal practice, but do not believe that the entry of women into the existing legal profession can fundamentally change the male color of the law. They believed that the existing laws reflected the values and interests of men and were tools to maintain the patriarchy. Women enter the existing legal system only as accomplices. Therefore, it emphasizes the unique feelings of women as the oppressed, and builds a feminist jurisprudence on this basis.

Postmodern feminist epistemologists emphasize the pluralistic perspective, believing that no perspective of understanding the world can be absolutely neutral, and no individual or group's value orientation is more superior than that of other individuals or groups. Legal research is not a pure intellectual activity, so it must be analyzed and discussed under specific circumstances. Therefore, this school emphasizes the establishment of feminist jurisprudence in the exploration of specific legal issues.

Conscious advocates advocate that women's subjectivity should be promoted through women's narration and communication of their own experiences and feelings in the absence of men. At the same time through the integration of these special feelings, so as to build women's overall understanding of gender relations. This approach emphasizes the specificity of women's experience, especially the emphasis on trivial everyday experiences. For feminist studies, consciousness awareness is both a method and a purpose. This activity constructs and tests feminist theories through individual and specific experiences, and in turn influences individual experiences. In addition, other ACTS of violence against women are also covered by the law. In 1980, the United States model penal code provided that sexual assault by a husband against his wife in the case of separation could constitute rape. The New Jersey penal code states that "no person shall be presumed incapable of committing rape because of his or her age, sexual impotence, or marital relationship with the victim." This rule shows that a husband can also be the subject of rape. Since then, various states in the United States have changed their laws to recognize marital rape. By July 5, 1993, north Carolina had abolished the husband's immunity from rape, and marital rape was criminalized throughout the United States.

In 1986, the U.S. Supreme Court first heard the issue of sexual harassment in the case of Meritor Savings Bank, FSB v. Vinson. The trial has had a profound effect on legislation related to sexual harassment. In that case, the Supreme Court affirmed that sexual harassment was a form of gender discrimination and that section 7 of the Civil Rights Act could be used to provide legal relief to victims. At the same time, the plateau also identified two types of sexual harassment, namely, profit-seeking and hostile work environments. It also held employers accountable if they failed to take effective measures to prevent sexual harassment. In this way, the United States has established a legal system against sexual harassment within the framework of gender discrimination laws.

Although the current legal reform in the United States cannot satisfy the radical feminists, there is no doubt that great progress has been made in actually improving women's social status and protecting women's legal rights. In the process of judicial practice, the monopoly of traditional patriarchal ideology was also broken, and more female perspectives were adopted to observe and hear cases. In particular, the procedural law reform of the crime of rape has, to a large extent, maintained the dignity of women and avoided the excessive psychological pressure brought to the victimized women by the trial activities. The emergence of legislation on sexual harassment and marital rape provides a strong guarantee for women's career and family life. This series of legal reforms has played an important role in establishing a new gender relationship of equality and harmony.

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