Critical and social movements
Feminist Legal Theory
Law has often been written from a male standpoint: ask how it treats women, and change it.
1970s to today · United States, United Kingdom and worldwide. Spotted a mistake? Tell us.
What is law?
Law is a human institution shaped by the people who made it. Feminist theories ask who law serves and how it treats sex and gender, from formal equality (treat people alike) to difference, to dominance (MacKinnon) and to relational approaches.
Law and morality
Law should end subordination and promote real equality.
Where does its authority come from?
Moral critique of existing law and reform.
How should judges decide?
Ask 'the woman question': how does this rule affect women and gender relations?
The question it asks
Does an apparently neutral rule treat women fairly?
Main criticism
There is disagreement inside the field over sameness and difference and over generalising about 'women', and critics from other schools doubt the generalisations.
Legacy today
Law on sex discrimination, sexual harassment and domestic violence, and the study of unpaid care work.
Key thinkers
Catharine MacKinnon, Robin West, Martha Fineman, Frances Olsen, Kimberlé Crenshaw.
- Catharine A. MacKinnon (born 1946)
Key works
- MacKinnon, Toward a Feminist Theory of the State (1989)
- West, Caring for Justice (1997)
- Fineman, The Autonomy Myth (2004)
Compare with
Take it further
How legal systems and codes grew.
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Read further
Stanford Encyclopedia of Philosophy: feminist perspectives on law. For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

