'FEMINIST LEGAL THEORY' (FLT) — represented by Catharine MacKinnon, Robin West, Carol Smart — argues that:
Answer & Solution
Correct answer: B.
1. FEMINIST LEGAL THEORY (FLT) emerged from the women's movement and intersected with CLS in the 1970s-80s.
2. KEY ARGUMENTS:
3. (i) LAW has been a TOOL OF PATRIARCHY — its categories, methods, and content reflect male perspective and serve male interests;
4. (ii) FORMAL NEUTRALITY of law produces UNEQUAL EFFECTS on women;
5. (iii) Multiple strands: (a) LIBERAL feminism (Susan Moller Okin) — equal treatment; (b) CULTURAL feminism (Carol Gilligan) — recognise different voice; (c) DOMINANCE theory (Catharine MacKinnon) — law constructed by and for male power; (d) POSTMODERN feminism — gender is socially constructed;
6. (iv) Focus on areas like: sexual violence, reproductive rights, employment discrimination, family law, pornography.
7. KEY THINKERS: MacKinnon, Carol Smart, Carol Gilligan, Robin West, Drucilla Cornell, Martha Nussbaum.
8. INDIA: feminist legal scholars include Flavia Agnes, Indira Jaising, Ratna Kapur, Nivedita Menon; Vishaka guidelines drew on CEDAW.
9. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Catharine MacKinnon, 'Toward a Feminist Theory of the State' (1989); Carol Gilligan, 'In a Different Voice' (1982)_
Related questions
ETHICS in legal research with HUMAN SUBJECTS require:'LIBERAL FEMINISM' in legal theory (Susan Moller Okin, Martha Nussbaum) advocates:RICHARD POSNER's 'PRAGMATIC JURISPRUDENCE' rejects:'ACCESS TO JUSTICE' as a research theme examines:'NATURAL LAW' versus 'POSITIVE LAW' debate centers on:'CONSTITUTIONALISM' as a research theme examines:'SOCIO-LEGAL STUDIES' in India is associated with:'LEX MERCATORIA' (medieval merchant law) and modern transnational commercial law: