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Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism holds the position that modern societies are patriarchal—they prioritize the male point of view—and that women are treated unjustly in these societies. Efforts to change this include fighting against gender stereotypes and improving educational, professional, and interpersonal opportunities and outcomes for women.
Jurisprudence is the philosophy and theory of law. It is concerned primarily with both what law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.
Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H. L. A. Hart.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
Liberal feminism, also called mainstream feminism, is a main branch of feminism defined by its focus on achieving gender equality through political and legal reform within the framework of liberal democracy and informed by a human rights perspective. It is often considered culturally progressive and economically center-right to center-left. As the oldest of the "Big Three" schools of feminist thought, liberal feminism has its roots in 19th century first-wave feminism seeking recognition of women as equal citizens, focusing particularly on women's suffrage and access to education, the effort associated with 19th century liberalism and progressivism. Liberal feminism "works within the structure of mainstream society to integrate women into that structure." Liberal feminism places great emphasis on the public world, especially laws, political institutions, education and working life, and considers the denial of equal legal and political rights as the main obstacle to equality. As such liberal feminists have worked to bring women into the political mainstream. Liberal feminism is inclusive and socially progressive, while broadly supporting existing institutions of power in liberal democratic societies, and is associated with centrism and reformism. Liberal feminism tends to be adopted by white middle-class women who do not disagree with the current social structure; Zhang and Rios found that liberal feminism with its focus on equality is viewed as the dominant and "default" form of feminism. Liberal feminism actively supports men's involvement in feminism and both women and men have always been active participants in the movement; progressive men had an important role alongside women in the struggle for equal political rights since the movement was launched in the 19th century.
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected.The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status. Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. The law perpetuates a male valued system at the expense of female values. Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all.
Critical race theory (CRT) is an academic field focused on the relationships between social conceptions of race and ethnicity, social and political laws, and media. CRT also considers racism to be systemic in various laws and rules, not based only on individuals' prejudices. The word critical in the name is an academic reference to critical theory rather than criticizing or blaming individuals.
Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception. Matsuda returned to Richardson in the fall of 2008. Prior to her return, Matsuda was a professor at the UCLA School of Law and Georgetown University Law Center, specializing in the fields of torts, constitutional law, legal history, feminist theory, critical race theory, and civil rights law.
Drucilla Cornell, was an American philosopher and feminist theorist, whose work has been influential in political and legal philosophy, ethics, deconstruction, critical theory, and feminism. Cornell was an emerita Professor of Political Science, Comparative Literature and Women's & Gender Studies at Rutgers University the State University of New Jersey; Professor Extraordinaire at the University of Pretoria, South Africa; and a visiting professor at Birkbeck College, University of London. She also taught for many years on the law faculties of the University of Pennsylvania and of Cardozo Law School of Yeshiva University.
Kimberlé Williams Crenshaw is an American civil rights advocate and a scholar of critical race theory. She is a professor at the UCLA School of Law and Columbia Law School, where she specializes in race and gender issues.
Martha Albertson Fineman is an American jurist, legal theorist and political philosopher. She is Robert W. Woodruff Professor of Law at Emory University School of Law. Fineman was previously the first holder of the Dorothea S. Clarke Professor of Feminist Jurisprudence at Cornell Law School. She held the Maurice T. Moore Professorship at Columbia Law School.
William Nichol Eskridge Jr. is an American legal scholar who is the John A. Garver Professor of Jurisprudence at Yale Law School. He is one of the most cited law professors in America, ranking fourth overall for the period 2016–2020. He writes primarily on constitutional law, legislation and statutory interpretation, religion, marriage equality, and LGBT rights.
Feminist political theory is an area of philosophy that focuses on understanding and critiquing the way political philosophy is usually construed and on articulating how political theory might be reconstructed in a way that advances feminist concerns. Feminist political theory combines aspects of both feminist theory and political theory in order to take a feminist approach to traditional questions within political philosophy.
Ann C. Scales was an American lawyer, activist, and law professor at the University of Denver Sturm College of Law from 2003 to 2012, where she taught in constitutional law, sexual orientation and the law, civil procedure and torts.
Janet Elizabeth Halley is an American legal scholar who is the Eli Goldston Professor of Law at Harvard Law School. Her work is influenced by critical legal studies, legal realism and postmodernism.
Feminist interventions in the philosophy of law concern the examination and reformulation of traditional legal systems in order to better reflect the political, social, and economic concerns of women---which also includes various other minority and ethnic groups. Though it draws heavily from feminist legal theory, feminist interventions in the philosophy of law differs from the more common feminist jurisprudence as it also seeks to explain the justification that a government has in interfering with the lives of its citizenry. Accordingly, then, feminist interventions in legal philosophy specifically addresses the relationship and rationale between a judicial system's exercise of power and its effects on female citizens. While particular views vary greatly, most feminist interventions in the philosophy of law operate under a belief that many contemporary legal systems are predicated on patriarchal notions of masculinity that result in a system of deeply-rooted bias and inequality.
List of works by or about Martha Nussbaum, American philosopher.
Linda McClain is the Robert B. Kent Professor of Law at Boston University School of Law, and was previously the Rivkin Radler Distinguished Professor of Law at Hofstra Law School. McClain's work focuses on family law, sex equality, and feminist legal theory. McClain has written extensively on topics related to family, gender, and constitutional issues.
