The Deconstruction Of The Post-modern Theory To Gendered Law

The issue of the relation between gender and law has caused widespreadconcerns since the emergence of feminist jurisprudence, and we, by investigating thehistorical development of the issue, analyzed what problems there are between lawand gender. Under the efforts of various schools of feminist jurisprudence, the issue ofthe relations between law and gender has been fully discussed. However, because theoppressive position of women in the law is fundamentally made by the malepatriarchy which is coherent to rationalism, we should first start the reform of therelationship between law and gender by criticizing the male patriarchy as well asrationalism.Gender theory is a core concept of feminism and feminist jurisprudence. It is akind of approach to explain the differences between male and female, which derivesfrom the second wave of feminism. Feminist legal scholars, in the process of thepresentation, enrichment, development and criticism of the theory, achieve their goalof gender equality and women’s liberation.With the combination of post-modern theory, postmodern feminist jurists, usingthe methodology from deconstructivism, have criticized not only the male patriarchy,but also gender theory, which has deconstructed the concept of gender itself, andmeanwhile, they have made the concept of gender remain open and possible to besimultaneously criticized. All of the above have given every individual in the society,including but not limited to men and women, a chance to realize the claims beforelaw.