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Realize Women's Liberation Through Justice

Posted on:2020-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2436330578450604Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since 1776,American women have gone through a long journey to their liberation.From the fight for the vote right,to call for basic human and property rights,to advocate for breaking the entrenched barriers of cultural gender roles,the federal court together with feminists and women's organizations,wrote a new chapter in women's liberation.The classic legal precedents of women's rights litigation,such as Muller v.Oregon,Roe v.Wade,Meritor v.Vinson and the United States v.Virginia,are the key elements of this.By combing and analyzing the above-mentioned classic legal precedents of women's rights litigation,we can see the potential path of American women's liberation,explore their wisdom and fearlessness,and enrich the feminist legal study and the practical resources of women's liberation in China.The path of women's liberation in States seems to be disorganized,but there is a dialectical spiral relationship,that is,feminist practice stimulates feminist legal theory,feminist legal theory shapes feminist legal practice and feminist legal practice reconstructs feminist legal theory.Firstly,based on the needs of feminist practice,feminist legal theory emerges.Feminist jurists began to rethink the women's reality,and then raise many core arguments about gender issues,trying to reveal and improve the women's survival and development status.Secondly,the development of feminist legal theory has shaped legal practice,the federal court judicial practice is the typical.The vital purpose of feminist writing,lobbying and litigation preparation is to find typical feminist cases such as the Roe and to bring it to the federal court.The success of well-chosen cases by feminists in reaching the federal court and obtaining a satisfactory decision is largely due to the feminist legal theory's support.Finally,the establishment of the legal precedents of women's rights will effectively guarantees the women's rights and promotes new development of feminist legal theory.In short,the interaction between feminist legal practice and legal theory makes American feminists not limited by legislation and constitutional revision procedures,but to promote women's liberation through judicial.Admittedly,the ways and models of women's liberation in all countries are special,and the American model is not universal.However,realization of female liberation through justice as a valuable experience of American women's liberation,by taking its essence to remove its dross,may bring new inspiration to promote the cause of female liberation in our country.
Keywords/Search Tags:Justice, Woman's liberation, women's rights litigation, women's movement
PDF Full Text Request
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