SOC293H1 Lecture Notes - Lecture 6: Third-Wave Feminism, Second-Wave Feminism, Liberal Feminism
Lecture 5: Feminism and Law
Historical periods in feminist thought
- First wave, second and third wave
Theoretical approaches to feminism
- Liberal, results equality, cultural and radical
First wave feminism (19th and early 20th centuries)
Women in the UK, Europe, US and Canada fought for the extension of the promise of liberal democratic rights to
them
- Recognition as “persons”, voting, becoming property owners, etc
Second wave feminism
Formal equality of opportunity models did not yield immediate results in terms of women’s access to law
1970 – Royal commission on status of women
- To ensure equal opportunities for women
- Focus on criminal law and violence against women, but also equal pay for work of equal value, maternity
leave, day care, birth control, divorce law, access of women to managerial positions, part-time work and
pensions
- Rape law (1982) – offence can be committed by a husband against a wife, it need not include penetration
and many of the evidentiary rules unique to rape were abolished in criminal code
- Charter (1982) – guarantees of formal equality
Third wave feminism
Critical look at law in action
- Example of rape law
What is real rape? Who is the real victim?
Many feminists assert that the new reforms have not disrupted these beliefs or the practices in which
they manifested
Even 10 years after the reforms, crisis centre workers reported that the legislative restrictions on
women’s sexual history were simply ignored by defence, Crown attorneys and judges in sexual assault
trials
- Example of domestic violence
Arrests? Prosecutions?
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Document Summary
First wave feminism (19th and early 20th centuries) Women in the uk, europe, us and canada fought for the extension of the promise of liberal democratic rights to them. Recognition as persons , voting, becoming property owners, etc. Formal equality of opportunity models did not yield immediate results in terms of women"s access to law. 1970 royal commission on status of women. Focus on criminal law and violence against women, but also equal pay for work of equal value, maternity leave, day care, birth control, divorce law, access of women to managerial positions, part-time work and pensions. Rape law (1982) offence can be committed by a husband against a wife, it need not include penetration and many of the evidentiary rules unique to rape were abolished in criminal code. Many feminists assert that the new reforms have not disrupted these beliefs or the practices in which they manifested.
