Feminist Jurisprudence: Rethinking Justice Through Gendered Lenses
- IJLLR Journal
- Jul 9
- 2 min read
Suman Laskar, Assistant Professor, Career Point University, Kota
Introduction
Feminist Jurisprudence is a critical legal theory that explores the relationship between law and gendered power structures. This school of thought, which has its roots in the larger feminist movement and is influenced by the opinions of Catharine MacKinnon, Carol Gilligan, Simone de Beauvoir, and other intellectuals, questions the patriarchal origins of legal systems and advocates for a rethinking of laws from the viewpoints of women. Feminist jurisprudence is a branch of legal theory that studies how law has historically treated women and how it continues to reflect male-dominated structures. It challenges the traditional idea that law is neutral or objective and shows how gender influences the creation, interpretation, and application of laws.
In 1978, Ann Scales came up with the term "feminist jurisprudence" while organising Celebration 25, a celebration and conference commemorating the 25th anniversary of the first female Harvard Law School graduate. The term was first used in the inaugural issue of the Harvard Women's Law Journal.
Two major thinkers in feminist jurisprudence are Catharine MacKinnon and Carol Gilligan, who offer different but powerful insights into the relationship between gender and law.
Catharine MacKinnon, a radical feminist legal scholar, argues that law is not neutral but instead shaped by the values of men. She believes that the legal system reflects a "male perspective" and often fails to address the real experiences of women. For example, in her famous work Sexual Harassment of Working Women, MacKinnon explained how sexual harassment was a form of discrimination that law had ignored. She criticized the law for treating women’s issues, such as sexual violence, as private or unimportant.
