On The Contemporary Western Feminism Jurisprudence

Feminist jurisprudence is an important general jurisprudence in western jurisprudence, whose emergence provides academic field with a brand new perspective and feature and produces a profound influence. On the macro level, it is manifested as a criticism of patriarchy based on social gender theory; on the micro level, it is relatively manifested on the study of a series of social problems like rapes, sexual harassment, housework and female equal employment right.First of all, we need to know about the historical background and conditions of her produce. Two large-scale outbreak of the feminist movement is the direct cause of feminism jurisprudence generated. Western feminism jurisprudence is a bright fruit for the feminist movement in the field of law, is the inevitable choice of history. In spite of this, a new thing from birth to maturity also need to go through a long period of development, the feminist jurisprudence also experienced four stages of development. From the very beginning to absorb liberal thought later cite critical legal and other advanced theories of postmodernism than continue to grow stronger, feminist jurisprudence began to choose an inclusive road for learning widely from others’ strong points. In the whole development of this torrent to move forward, due to different scholars focus on different problems of women, feminist jurisprudence interior can be divided into liberal feminist, radical feminism jurisprudence, cultural feminist jurisprudence and postmodern feminism jurisprudence four schools. Each genre has its own distinct characteristic, representative and limitation. Overall, western feminism jurisprudence has the following three features:critical theory advocates, research in the field of dispersion and the pluralism of theory origin.Secondly, if we want to understand western feminism jurisprudence better, it’s so important for us to analyze a crucial western feminism jurisprudence theory--social gender theory. Prior to this theory, the biological determinism occupies the dominant position in the social life, social gender theory put forward to let the world awakening:the original social gender was not innate, but by the social construction. Since we know that gender is the product of social construction, rather than natural factors, the result of this culture construction for gender discrimination and oppression to female is unfounded. So we can change or eliminate this situation completely. Social gender theory plays very important role to feminism jurisprudence.Thirdly, from the entry point of western feminist jurisprudence’s criticism on existing violence issues aimed at female, it explores the status analysis ad legal governance of rapes and sexual harassment——two kinds of sexual violence threatening female personal safety and mental health. Under the topic of rapes, it firstly analyzes the male perspective of rapes in substantial law confirmation, judicial procedure and the relief system of legal redress. And then combined with practical cases, the author analyzes the rapes with large disputes including acquaintance rapes, marital rapes and prostitute rapes. Finally, the author appeals to establish legal system from female perspective to protect the victim’s rights and interests. Under the topic of sexual harassment, it firstly gives a brief introduction of the background and concept of sexual harassment, and then analyzes the provisions and definition difficulties in laws of different countries, and finally combined with Chinese current situation of sexual harassment, it puts forward the perfection of legal system.Fourthly, we would love to analyze and study another major topic in western feminist jurisprudence——family with gender division of labor. Firstly, it points out the traditional social division of labor of female in a family is housework, and puts forward the concept of’housework feminization’. By quoting the scholars’concept of housework socialization and housework marketization, it expounds we should effectively eliminate such unjust gender division in social construction; then from the dilemma the current professional females are facing, it proposes some perfecting suggestions on relevant legal regulations.Finally, put forward my individual opinion to perfect western feminist jurisprudence, such as the research of feminist jurisprudence should be more practical, more objective and neutral and have more inclusive. We can expect that western feminism jurisprudence’s tomorrow will be more diverse and dazzling.