When the Feminist movement first commenced in the 1960s the major focus remained on achieving equality with men and feminist jurisprudence focused upon persuasive presentation to those in authority about the necessity to provide equal treatment to all individuals, defining…
Download full paperFile format: .doc, available for editing
Download file to see previous pages
being derived from a male perspective, therefore the basic question that arises is whether the assumption that law is neutral and can provide a fair hearing to all parties is justified. As a result, several feminist theories have been advanced – most notably, the equality theories, standpoint theories, ethics of care and postmodernism, all of which are examined below. These theories raise the question of whether existing universal standards and practices are indeed universal or whether in a social and legal context, long established norms conditioned from a male perspective need re-examination. While the goal of feminist jurisprudence remains the acquisition of equality for women on par with women, can this equality be achieved in the eyes of the law by gender neutral methods of analysis? As highlighted below, through an examination of the theories, it may be noted that it appears that sex is not an issue that can be so dismissed.
This is the basic principle underlying the question of equal rights before the law for both men and women. Jurisprudence has remained a traditional male bastion with existing legal theories conditioned upon the premise of the “individual” as the philosophical basis for the legal system. Hence, earlier struggles for equal rights by women were centered upon proving to the higher authorities that women deserved equal treatment, but this was still on the basis that they were individuals. Feminist jurisprudence questions whether the “individual” as conceived in law is itself relevant?
For example, MacLaughlin points out that the liberal perspectives of law as a fair and just system that protects is rights of all individuals is based upon treating all persons indiscriminately – but how can such a universal standard be defined in the context of differing constituencies and differing conceptions?3 While she upholds the feminist view that the rights of women as individuals must be upheld, she does not view this as being exclusive
...Download file to see next pagesRead More
Equity as a Framework of Law.
Common law can be defined as the body of precedents in law that are compiled through a number of court decisions made in the past, as well as similar tribunals, as opposed to legislative statutes and actions of the executive.
So is there a Quaker law? Yes. To support this answer I will have to put to light what Quakerism is, who Quakers are, and what is law, if the rationale behind law supports Quakerism ways of living as law. In addition, I will highlight what is documented by scholars about Quakerism.
In this regard, law is designed to resolve disputes and is not geared toward deciding morality.1 Thus, positive law theory, unlike natural law theory relies on the authority of the state for the application and interpretation of law, rather than the authority of morality.
According to the report the Islamic law originates from the holy book of Islam, Quran, the sayings, practices, and teachings of the Prophet Mohammed, Sunna, and the interpretations of Prophet Mohammed teachings by Muslim legal academicians. The Islamic law relies solely on faith where Allah mandates all Muslims to obey the Sharia.
The author states that it is important to establish the indispensable aspects of law so that it is possible to differentiate the legal and non-legal and also the legal validity and the legal invalidity. The law is widely known as a social institution that influences the realistic reasoning of agents.
In ethics, it consists in practical universal judgments which man himself elicits. (source: Black's Law Dictionary, Sixth Edition ). It is based on the principle that ' lex jnjusta non est lex' - 'law which is not moral is not law at all '.
The term ' Jurisprudence' is derived from the Latin term ' juris prudentia', which means "the study, knowledge, or science of law".
Every time with critical legal methodology, which lays emphasis on diverse, change and dissension in the 'normative' lives of humans and which is principally regulated to routes of inter-normativity, finally what is 'unorthodox dogma' in one normative order perhaps apostasy in another one; and what is apostasy in one perhaps rendering in a third one.