Catharine MacKinnon and Feminist Jurisprudence

A Critical Appraisal

Bibliographic Data

ID11448263
AuthorsEmily Jackson (0000-0002-2052-2776, corresponding author)
Year1992
Volume19
Issue2
Pages195
Publication date1992-01-01
Open AccessNo
TypeARTICLE
VenueJournal of Law and Society (JOURNAL)
Journal identifiersISSN: 0263-323X • E-ISSN: 1467-6478
PublisherJSTOR (PUBLISHER)
DOI10.2307/1410220
OpenAlexW2320130701
LanguageEN
Citations received5
References cited10

Law, it could be argued, is peculiarly resistant to novel critical perspectives. Liberal legal theory dominates, and one of its fundamental tenets, the doctrine of precedent, inculcates respect for past principles as an article of faith. Significant sections of the legal academy have succeeded in simply ignoring feminism. Catharine MacKinnon has emerged as one of the more vocal and persistent advocates of the need for a feminist account of law. Marginalization is an ever-present danger, and her rhetorical fervour has helped to seize and focus attention on the feminist assault on law. We need to be clear about what we mean when we talk of a feminist jurisprudence. Clearly there is not one definitive theory, and we must recognize the possibility of diversity amongst feminists. One of the earliest approaches sprang from recognition of the existence of particular disadvantages faced by women. Sociological techniques could allow instances of social injustice to be analysed in their broader context. For example, family lawyers discussed how the private law operates to sustain, reproduce, and reinforce the dependence of women. Here, the concentration is on the

Criminology · Critical appraisal · Jurisprudence · Political science · Sociology · Feminism, Gender, and Sexuality Studies · Law · Marriage and Sexual Relationships · Medicine · Religion, Gender, and Enlightenment

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