well feminisim, mostly deals with equality for women, but then you have to determine what theory of equality you want to follow....just to make it really confusing here are the three leading feministlegal theories....
[FONT=Times New Roman, serif]Dominance Theory- Laws are made by men and therefore cannot be made in a gender neutral manner--“male standard”-MacKinnon believes laws cannot be created gender neutrally. You must identify the problem that the law is facially discriminatory or discriminates on the impact and you work in reverse to create a starting point to allow gender neutral laws to be created.- In order for women to be equal under Formal Equality, MacKinnon says they would have to become men, and women are socialized to allow men to assert power them- When thinking about the law we need to move beyond intent. It doesn't matter if they intended to discriminate, because if the outcome is discriminatory it doesn't matter. The point is the effect of the law. The one criterion on which we need to look to see if something is discriminatory is the effect. First place you will want to look to see if a law is discriminatory is to look not where men and women are most alike but most distinct. 'Equal Accommodation' If you want equal access you need to take different needs into account. If women have to become men to gain equal protection then they aren't being protected as women- Equality is a question of equivalence or sameness/Sex is a difference. So sex equality is an oxymoron. So unequal treatment based on sex is not discrimination. Makes man the measure of all things.[/FONT]
[FONT=Times New Roman, serif] Formal Equality-- the guiding principle is to obtain thoughtful consideration of the assumptions underlying and the purposes served by sex-based classifications- Why do we treat men and women the way that we do? What is the goal? Is the goal legitimate?- Is the distinction between men and women rooted in a stereotype or based on something real/important/legitimate?- Focused on the form of the law. What does the law actually say? It should facially neutral with no disproportionate impact (like Reed, Frontiero, Wiesenfeld)- The ultimate goal should be autonomy. There should be no sex-based classifications and no preferential treatment of either gender b/c they should be viewed as completely the same- Law can help women while not harming men.
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[FONT=Times New Roman, serif]Relational- West: Men need to look at women and realize there is a difference and respect that. Ethic of care.- men chose the ethic of justice 90% of the time and women ethic of care 60%.- Robin West says law takes the masculine voice relies on separatist thesis.- West felt that McKinnon and Ginsberg’s theories do not just cause men and women to suffer, but because women’s values and legal perspectives are not valued.- Robin West feels that women do not want equal power, but differences. No group should always have more power in some areas women do not want equality.- Critiques argue that West’s views may keep women second class citizens.- In Response West argued that women would not be second class citizens if we actually valued caring, connection, and power transfer/balance. Then women would not need to become autonomous and become like men.[/FONT]
[FONT=Times New Roman, serif]Have fun with it, i did on my exam last friday
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