Feminism: Overcoming Male-Centric Society & Misconceptions - Essay Sample

Introduction

According to Levit & Verchick (2016), Feminism is considered a dirty word, and it is associated with several misconceptions. Feminists are regarded as man-haters, confrontational, castrators, uncooperative, bra-burners, bitchy, humorless, over demanding, and sexists. Feminist legal theory is a wide church that reflects various strands of women's activist idea, yet the binding together subject is that society and specifically, the legitimate framework is male-centric. In this way, women's activist lawful scholars have kept up their journey for feminist legal theories, intending to make moral and lawful theory increasingly responsive to women. The division between people in general and private is mainly at the center of feminist legal theory. Despite the gains in legal access and formal equality to the public domain, the feminist's theorists have argued that the women have still remained subordinate to the male individuals. According to Catharine Mackinnon, the foundations in which jurisprudence lie are significantly ingrained with a manly point of view, and women are denied full contribution in the public eye. Conversely, there have been contending claims through Carol Gilligan that ladies are not really viewed as sub-par compared to men, yet rather they just reason in a different way. In determining the way distinctive and coherent feminist legal theories are, important concepts proposed by different scholars will be explored and the ways they have considered gender, sex, and sexuality in critiquing and comprehending the legal system.

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Background

The different feminist legal theories include equal treatment theory, lesbian feminism, cultural feminism, dominance theory, pragmatic feminism, critical race feminism, and postmodern feminism. According to Levit and Verchick (2016), most of the institutions, including workplaces, follow the rules and regulations that are mainly based on the experiences of men, and this is a disadvantage to the women. Also, the rules of traditional self-defense in the criminal law that need imminent threat prior to allowing defense only provides limited protection for a woman who is battered even if she lives in relentless fear of getting domestic attack and cannot predict when the partner might strike again. Therefore, most of the women have been suffering though they mostly keep silent.

For some contemporary women's theorists' scholars, the idea of a woman is an issue. It is an issue of essential significance because the idea of a woman is the focal concept for women's activist hypothesis, but then it is an idea that is difficult to figure absolutely for women's activists (Alcoff, 1988). Also, it is the main idea for the feminists since a woman's category and concept is an important takeoff for any women's activist hypothesis and women's activist legislative issues, predicated as these are on the trans-arrangement of women's lived involvement in contemporary culture and the reconsideration of social hypothesis and practice from women's perspective. In any case, as an idea it is drastically dangerous for feminists since it is packed with the over conclusions of male amazingness, summoning in each detailing the point of confinement, differentiating each other, or intervened self-impression of a culture based on the control of females (Alcoff, 1988).

In endeavoring to represent women, feminism's liberation frequently appears to surmise that it comprehends what women are, however such a supposition that is audacious given that each wellspring of information about ladies has been defiled with sexism and misogyny. Regardless of where human beings turn to historical reports, philosophical developments, logical social insights, reflection, or every day rehearses the intervention of the female's bodies into developments of women that is commanded by misanthrope talk. For women's activists, who must rise above this talk, it shows up women have no place to turn even if they are faced with serious problems.

History

Most of the initial cultural feminists were considered as radical feminists, and even some of them still utilize the name even though moving past the model of a transforming society. A sort of vanguard or separatism orientation, establishing alternative institutions and communities, developed in response to the 1960s social change movements, with some presuming that social change was impractical (Evans, 1995). The feminist legal theories began in the 1960s through the introduction of equal treatment theory. It is mainly based on formal equality principle, which inspired the movement that women should have similar rights to the men. On the other hand, the word "cultural feminism" can be dated back to 1975 when it was used by Brook Williams who would condemn it and differentiate it from its foundations in radical women's liberation. The Dominance theory mainly focuses on the difference in power which exist between men and women, and it was introduced around 1979 by a scholar called Catherine MacKinnon. In the late 1980s, several legal theorists, especially lesbians and women of color complained about the issue of feminist legal theory omitting their concerns and experience. Thus, the introduction of critical race feminism and lesbian feminism. Later postmodern feminism and pragmatic feminism were introduced. The feminist legal theory was introduced by the women who challenged the different laws which were put in place in keeping women at home that was meant to be their place. The main driving force of the theory is the necessity for women to be financially independent.

Key Ideas of the Different Theories

Cultural feminism theory argues that formal equality does not normally lead to substantive equality. The theory is also referred to as "special treatment theory" or "difference theory." This theory criticized sameness as a male based model that served only women in an extent of proving that women are like men (Levit & Verchick, 2016). Women were being judged harshly because of their inability to conforming male norms. At times, the natural laws of gender might keep the women down if the different perspectives and experiences of women are acknowledged. The theory mainly put an emphasis on the differences which exist between men and women. It is the most compelling feminist legal theory as it values the qualities that acknowledged women as superior beings and desirable to the qualities identified with the men, even if the qualities are culture or nature products. The equal treatment theory is different from cultural feminism since it argues that the law is not supposed to treat the women differently from the men (Levit & Verchick, 2016). The main goals pursued by the theory includes getting equivalent political and social opportunities, including equal employment and doing away with the legislation that is intended to protect the women by separating them the eyes of the public.

The dominance theory was introduced as it considers that cultural feminism and equal treatment theory used men as their main benchmark. The theory was first introduced by Catherine Mackinnon, and she argued that in the society men are privileged while the women are subordinated and men receive privileges from most of the social institutions (Levit & Verchick, 2016). Mackinnon believes that sexuality is the center of dominance asserting that male power makes commanding a way of treating and seeing women in that when a man takes a gander at a pornographic picture, then the view is male supremacy act. Just like the case of sexuality, the male dominates society and even force the women in changing their identity. The dominance theory and the theories which had been introduced before mainly focused on oppression, conflict, and power but ignored the theoretical needs of the women of color (Berry, 2015). The theory argues that Black experiences are different from the ones of feminist theory and critical race theory. Just like the other feminist theories, the theory addresses issues of conflict, oppression, and power and addresses intersectionality, anti-essentialism, and essentialism (Levit & Verchick, 2016). It also addresses interest convergence and normalization of racism and race.

According to Levit & Verchick (2016), the theory focuses on legal issues which are confronted by individuals identified as transgender, gay, lesbian, and bisexual. Some of the lesbian theorists argued that sexual orientation considers politics more than desire. Rich (1986) argue that the theory encourages the women in directing their energies to other women instead of men and believes that the logical outcome of feminism is lesbianism. Furthermore, one of the theorists called Judy Rebick, argued that the lesbians have always been part of the women's movement even though their issues were not visible in the movement. In comparing this theory to cultural feminism, cultural women's liberation has been connected with a developing cognizance of lesbian personality, acquiring from lesbian women's liberation thoughts including the esteeming of female connectedness, ladies focused connections, and a female-focused culture. Also, Taylor and Rupp (1993) contended that cultural feminism critics mainly attack lesbian feminists.

The ecofeminism theory is a unique theory, and it describes the varied and rich relationship of women with nature and society. Heller and Gaard whole are some of the ecological feminists argue that culture characterizes the association of ladies and nature. Men are as so much connected to nature as compared to the women. Unfortunately, patriarchal culture recognizes ladies with the body, sex, unreasonableness, lack of involvement, and earth. In their argument, women are closer to nature, and the men are identified with soul, psyche, activity, and power; they are sound, steady, dependable, and astute. Vandana Shiva and Maria Mies (1993), argue that ladies are more worried about subsistence survival point of view than are men, the vast majority of who keep on trusting that more development, innovation, science, and 'advancement' will at the same time settle the biological and financial emergencies.

Pragmatic feminism is mainly concerned with the need for redressing dualism, false distinctions since they are because of denigration of opposition. The theory also highlights that feminism women have played an essential role in developing pragmatism through constituting formidable thinkers. On the other hand, the main aim of postmodern feminism is destabilizing the male-controlled norms, which are entrenched in the current society and have resulted in gender inequality. Its aim is like the one for equal treatment theory.

The Most Compelling Feminist Legal Theory

Cultural feminism is the most compelling theory as the feminists make arguments that what is characterized as traditional male practices, including domination, aggressiveness, and competitiveness are harmful to the community and especially to specific fields in the community that includes politics and business (Evans, 1995). Rather, they contend, underscoring mind, collaboration, and libertarianism would make a superior world. The individuals who contend that female beings are organically or intrinsically progressively kind, mindful, sustaining, and agreeable, likewise contend then for more consideration of the women in basic leadership forms in the public eye and particularly fields inside society. Furthermore, the cultural feminists mainly advocate for equal valuation of the women occupation that includes parenting. In most cases, parenting is mainly left for the women as it was traditionally believed that it is their responsibility. Furthermore, at home, it is essential to respect child care. It is what cultural feminists advocate for that makes the theory most compelling. According to the feminis...