FEMINIST JURISPRUDENCE
LAW AS A PATRIARCHAL INSTITUTION
Professor Susan Dimock
York University 2007
Copyright © Susan Dimock 2007
Not to be used without written permission of the copyright holder.
Patricia Smith, Feminist Jurisprudence
Catharine Mackinnon, Toward a Feminist Theory of State
WARNING: THIS LECTURE CCONTAINS LANGUAGE AND CONTENT THE
SOME MAY FIND DISTURBING
FEMINISM
descriptive/ empirical claim
normative claim
PATRIARCHY
FEMINIST JURISPRUDENCE
analysis and critique of law as patriarchal institution
LIBERAL FEMINISM
public/private
equal rights
remove barriers
equal opportunity
RELATIONAL FEMINISM
ethic of care
differences between men and women
transform institutions to accommodate difference
SAMENESS / DIFFERNCE DEBATE
RADICAL FEMINISM (FEMINISM UNMODIFIED)
gender is a social construction
based on power
must eliminate dominance so as to reconstruct gender
genuine sex equality
INTERNAL / EXTERNAL CRITIQUE
paradigm shifts and cultural revolution
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LAW AS PATRIARCHAL
male point of view as legal standard
standards of harm, due care, etc.
specific laws
LEGAL IDEALS
neutrality
abstract
limits on judicial review
judicial restraint
precedence
separation of powers
division between public and private law
standing
POWER
SEXUAL INEQUALITY
sex as inequality (gender) and inequality as sex (sexualized dominance and
subordination)
SEXUAL EQUALITY
R. v. Lavalle (1990) 1. S.C.R. 852
self-defence (subjective and objective conditions)
victim of unlawful assult
reasonable apprehension of death
lack of alternatives to self-help
admissibility of expert testimony
relevance of expert testimony
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