NCJ Number
143976
Date Published
1993
Length
27 pages
Annotation
This analysis of government and laws proposes that the government is male in the feminist sense in that the law sees and treats women the way that men see and treat women; the analysis concludes that a new jurisprudence is needed.
Abstract
The discussion notes that both liberalism and marxism have been subversive on women's behalf, but neither is enough. Understanding their inadequacies is to begin to comprehend the role of the liberal government and liberal legalism within a post-marxist feminism of social transformation. The liberal government constitutes the social order in the interests of men as a gender through its norms, its relationship to society, and its policies. It achieves this social order by ensuring male control over women's sexuality at every level, with respect to laws related to rape, pornography, prostitution, and abortion. Laws and attitudes toward rape demonstrate these issues. In addition, when the government most closely conforms to precedent, facts, and legislative intent, it will most closely enforce socially mail norms and will most thoroughly preclude the questioning of their content as having a point of view at all. However, justice will require change toward a new feminist jurisprudence based on a new relationship between life and law. Reference notes