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Pencil drawing of the law school Logo of the Humboldt Forum Recht The logo reflects the ground plan of the Humboldt-University to Berlin
ISSN 1862-7617
Publications - Essays - 11-1996
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Nicola Lacey, Professor of Law

Feminism and the Tenets of Conventional Legal Theory

Abstract from the editors

Portrait des AutorsThis paper explores the argument that there is something not about particular laws or sets of laws, but, more generally, about the very structure or methodology of modern law, which is hierarchically gendered. It sets out an inclusive conception of feminist legal theory, and goes on to consider the implications of one version of feminist legal theory - 'difference feminism' - for the tenets of conventional legal scholarship and theory. These tenets are the neutral framework of legal reasoning; law's autonomy and discreteness; law's neutrality and objectivity; law's centrality to the constitution of social relations; law's status as a system of enacted norms or rules; law's unity and coherence; and law's rationality. The feminist challenge to each of these tenets is sketched, and the paper goes on in each case to consider the relationship between feminist and other critical approaches and the difficulties raised by the feminist analysis.

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Index of contents

Legal Theory

Feminism | feminist legal theory

Quotation reference:
Nicola Lacey, HFR 1996, S. 64 et seqq.

Linking reference:

Edited by Wolfgang Wachsmuth