PHL271H1 Lecture Notes - Feminist Legal Theory, Nomic, Feminist Theory
Document Summary
Gender is a social construct created by social practices. Feminist thought has oscillated between two different theories (liberal and marxist) Mackinnon"s claim: a feminist theory of law must answer the following questions: (how does law legitimate Marxist thought: law is a tool of dominance and repression in the context of an eco- nomic theory (how classes exploit one anotherhow the higher class exploits the lower class) Where marxism focuses on class relationships, feminists focus on female relationships. Vices: does provide a way of moving beyond them. Mckinnon"s law is neutral arbiter among conflicting interests. Law can be a tool for the betterment of society, protection of the vulnerable and etc. Government best promotes freedom when it stays out of existing social arrangements. (when it doesn"t interfere and make people less free ) The presupposition: society, absent government intervention, is free and equal.
