Gender & Law Lesson 2

FEMINIST THEORIES ON GENDER EQUALITY
Feminist Jurisprudence
Edited by
Patricia Smith (Book available in the library)
Why Feminist Theories
• Proponents of various theories question the
social differences between men and women.
Examples
• Why are women predominant in
reproductive work and men productive
work?
• Why are more men political leaders while
women constitute majority of voters?
Introduction
• Feminists/theories
1. Question the origin of oppressive gender
relations/ Identify different origins.
2. Develop propositions which might change
unequal gender relations to achieve gender
equality.
• Generally recognize existing women’s oppression
• Seek to address the prevailing unjust and
discriminatory gender relations.
Introduction
• Feminists agree on what gender oppression means, but differ
widely on its origins and how to achieve equality of men and
women.
• Feminism is primarily informed and motivated by the
experience/s of women.
• Areas of concern include, reproductive rights, domestic
violence, maternity leave, equal pay, sexual harassment,
discrimination etc.
• The basis of feminist arguments is that rights and obligations
should not be determined by gender-Rt to
employment/political participation etc should not be based
on gender.
Introduction
• Some themes/concerns in feminism are universal.
Domestic violence, sexual harassment, leadership
political or otherwise.
• Others are cultural specific. Examples-female
genital mutilation , use of customary law to
oppress a specific group, wife inheritance,
property inheritance etc-Specific to Africa.
• Cultural specific themes address the issues which
are relevant to women in a particular society.
General criticisms of feminism
• Its predominantly, but not exclusively,
associated with western middle class
academia.
• Preach hate against men or claim male
inferiority. Yet today non dominant man is
similarly oppressed. (Some men are battered,
the boy child has struggles that threaten
their existence see abuse drugs etc). Yet
feminists do not address this.
Criticisms continued
• Feminists constantly focus their work on issues that affect
women and tend to see the world through a predetermined
position, leading to prejudice. Their observations are therefore
clouded by confirmation bias.
• Feminists seek to destroy traditional gender roles. Men and
women have many natural differences and that everyone
benefits from recognizing them. For example, children are
thought to benefit from having a masculine father and a
feminine mother. As such, divorce, single parenthood, or non-
traditional gender roles are all seen as harming children more
than conflict in the home. Critics also question the new
definitions of masculinity, femininity, or family which are based
on feminism.
Criticisms continued
• Social change and legal reform have gone too
far and now negatively affect men and
families with children. Example, it has been
suggested that custody hearings in divorce
cases are biased towards the mother. Other
examples-
• Today, a lot of people associate "feminism"
with radical ideas.
Liberal Feminism
• Liberal feminists claim that gender
differences are not based on biology. (There
is nothing in a man that makes him a
surgeon. Again there is nothing in women
that prevents them from being surgeons)
• If women and men are not different, then
they should not be treated differently under
the law.
Liberal Feminism Cont
• Argued that women should have the same rights,
education and work opportunities as men-Source
of gender inequality.
• Liberal feminists focus on visible sources of gender
discrimination, e,g job opportunities, inequitable
wage scales and women’s access to leadership in
professions, government, and cultural institutions.
• Borrowed principles such as equality and
affirmative action from civil rights movements to
campaign for gender equality.
Affirmative Action under Liberal Feminism
• Governments should be obligated to aggressive seek out

women to train in all fields including engineering,
construction, and police work while men would train for
such jobs as nursing, teaching, and secretaries to redress the
gender imbalance in the work place.
• Achieve a diverse (men & women) pool of qualified
applicants.
• Employers would be legally mandated to hire enough
different workers to achieve a reasonable gender balance in
their workforce, pay them the same salary for work of equal
value and also give an equal chance to advance in careers.
Liberal Feminism
Main contribution to gender equality
• Showed how modern society discriminates against women.
• In the United States, it broke down barriers to women's
entry into male-dominated jobs and professions, helped to
equalize wage scales, and get reproductive rights legalized.
• Theory could not overcome the belief that women and men
are intrinsically different.
• It was somewhat more successful in proving that even if
women are biologically different from men, they are not
inferior.
Mary Wollerstonecraft –Liberal Feminist
• Challenged the inferior status assigned to women

by the bourgeois philosophers of the time.
• Questioned the fact that the liberals denounced
the undemocratic practices of the aristocracy
(upper class) and other establishments but did
not see it fit to include women in the definition
of “man”, in the struggle for equality. (Liberals
questioned the oppression of the poor but
continued to oppress women)
Mary Wollerstonecraft
• Liberal philosophers claimed that all human beings are born
free and equal but did not relate this to women.
• Argued -it was logical that women had the same capacity for
rationality and reason if they were born free and equal to
men.
• Argued- defect in reason that was manifest in women at that
time was due to lack of proper education and the sheltered
environment within which they were brought up.
• She pointed out that women were born to be passive,
emotional and helpless and that this upbringing damaged
their personalities, limiting their potential as human beings
and citizens.
• Reasoned that if men were confined to the same
cages that trap women, men would develop the
same flawed characteristics
• Ideas were radical at the time as very few people
had questioned the male dominance in civil and
political life.
• Yet she was questioning the assumption that
women were suited for life within the confines of
specific households-cooking, cleaning, bearing
children etc.
• Appealed to men to release women from
fetters that held them back from actualizing
their potential as human beings.
• Why did she not appeal to women to fight for
their rightful place in society.
• Shortcomings of her argument
• She did not interrogate the difference in
subordination of working women and those in
households.
• Did not extend to questioning the organization of
labor, its division and the positioning of men and
women within male-dominated households.
• The rights she proposed could not be taken up by
women of the working class, who were occupied in
factories and agriculture, and were not likely to
find the time and resources to finance their
education, to participate in civic and political life in
the same way as the bourgeoisie, as well as take
up jobs that required formal education.
• Solutions were tailored to the needs of educated
middle class women who were unhappy about the
idea of exclusion from civic and political life by their
bourgeois men.
• Her solution to women’s empowerment were
underpinned by the labor of poor women who
functioned as maid and charwomen, whose role was
to perform the tedious aspect of domestic labor in
order to free some bourgeois women to participate in
civic and political life alongside their men.
• Students to look at John Stuart Mill.
Shortcomings of Liberal Feminism
• Assert equality of men and women through political
and legal reform. As such an individualistic form of
feminist theory, focusing on women’s ability to show
and maintain their equality through their own
actions and choices. (Does not have a holistic
approach)
• Does not question the structural inequities
prevailing in the society. Women still dependent on
patriarchal state. Education and ability to participate
in elections- insufficient to achieve equality.
Shortcomings cont
• Reflects only the values of middle-class white women
and has largely ignored women of different races,
cultures or classes.
• Issues important to liberal feminists include
reproductive rights and abortion access, sexual
harassment, voting, education, fair compensation for
work, affordable childcare, affordable health care, and
bringing to light the frequency of sexual and domestic
violence against women. These are not the concerns
for women who are in small scale agriculture,
factories or in lower cadre jobs.

Gender & Law Lesson 2

Uploaded by

Copyright:

Available Formats

Gender & Law Lesson 2

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Gender & Law Lesson 2

Uploaded by

Copyright:

Available Formats

FEMINIST THEORIES ON GENDER EQUALITY

• Governments should be obligated to aggressive seek out

• Challenged the inferior status assigned to women

You might also like