Feminism in the UK. As feminists claim the personal is the political they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law,

Women were the creatures of emotion and feeling. Aristotle said ‘so is it naturally with female and male that one is superior and the other inferior, one governs, and the other is governed.’ As well as this from a religious England, God was seen as a man and a male supremacist. Feminism has always existed but not widely talked about. It was only until 1895, the word feminist began to be used.

Feminism is the ideology of advancing the role of women to match with men in terms of opportunity. However this definition cannot clarify feminism as a whole, as different ‘feminists’ seem to hold different views. Rebecca West, a famous English author and journalist who was committed to feminist thought said, ‘I myself have never been able to find our precisely what feminism is: I only know that people call me a feminist whenever I express sentiments that differentiate me from a doormat, or a prostitute. This gives the idea of a movement where women want to move away from the label second class citizens.

As feminists claim ‘the personal is the political’ they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law, family law, property law, rape and domestic violence have been configured to suit women’s necessities as well. ‘In recent years, for example, both English and American courts have abandoned the common law principle that a husband cannot be prosecuted for raping his wife, despite her refusal to consent to sexual intercourse. The wife was deemed by the fact of marriage to have consented’. It is focused on helping individual women reach for their goals by removing any barriers that stop them from being part of every opportunity. The case of Bradley v Illinois is an early case that challenged sexual discrimination, through the case it is noticeable that the courts counter women’s rights.

My focus is on the liberal feminist theory, the moderate face of feminism. There are many others like radical feminism who aim to re-construct the whole political system in order to eradicate patriarchy and cultural feminism that see the difference in the nature of men and women but want to remove the inferiority that women feel and experience.

Liberal feminism recognizes individuals (not only women) as independent rights-bearing citizens. With the belief of men and women being equally rational they ought to have the same opportunities. However, the ideology has effectively replaced traditional norms, we see this through increases in divorce, cohabitation, abortion, etc. The dynamics between the sexes has changed even with those who are married; women are more egalitarian in their interactions. Liberal Feminists strongly believe that it is a woman's choice to do what she wants do with herself and her body, without observing the ethics if that act.

Firstly one of the major reforms and outstanding achievements of the feminists is the power to vote, gaining women’s suffrage. Voting meant you had a voice and a standing in the community to choose your representative. If you were someone who did not have this right then you must be someone who is not capable. Prisoners, the insane and children were not allowed to vote because of obvious reasons but to remove this from women was an insult. Many clerics argued it was because of their feminine soft nature that they were unable to understand how the political structure operates therefore it was better for them not to vote. However In 1918, Representation of the People Act 1918 gave women the right to vote but to those who were above the age of 30. Only after two more general elections, in 1928 this age range was reduced to 21. During that short period there must have been a high rise in political involvement by women. It maybe even that the Conservatives only had passed this act to gain a majority, as they were strongly opposed to women’s association in politics. Labour was seen to be more sympathetic to woman issues; they also allowed women to run for parliament. There were women who attempted to take seat at the very first moment like Cristobel Pankhurst, daughter of Emmeline Pankhurst but she lost on several occasions. Lady Astor who had also been standing won seats by succeeding her partners’ seat. This was a big step towards women’s rights although when Lady Astor, in 1929 tried it set up a woman’s party, it failed. This is a merit because it meant women were now citizens who had a voice, who had thoughts and views that should be heard. From the popular belief of women being housewives, it was a chance to remove that.

In my opinion this is an actual merit because without having a legal voice over political issues it would be impossible to be seen as citizens’ equivalent to men (or voters). Issues, acts and policies regarding women today would not have been possible without hearing the opinion of women. It has bought a major impact on how we decide for law, as both genders are now the subject of law. In 1867, the establishment of the London and Manchester national societies for women’s suffrage begun, with having the first woman elected to the London County Council in 1889, it lead to suffrage for women in 1918, a staggering 27 other countries had also allowed women to vote.

In addition the voting principle in the first wave of feminism has increased representation of women. British women have gained civic equality, prior to 1918 women were limited to domestic chores and factory labour work but now being able to become MP’s and governors of unions and boards. This advancement also had encouraged younger women to fall in to education and enter other realms of occupational life. Going to war was split on feminist thinking while so many were against going to war there were those who got involved as part of the White Feather campaign, to show that women ...

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Other occupational jobs had slowly recruited women but because the jobs were always assigned to men, it was difficult to alter them therefore this representation was very low. In my opinion I do believe that many directors and executives still wanted male oriented employees as they understood men and knew their potential. However this was only a temporary mind-set as newer directors and executives stepped in the role, the existence of women who were also at the same education level and had the same experiences were in their conscious.

Margret Thatcher was elected as Prime Minister in 1979; this was through the Conservative Party as well. This had shown a huge breakthrough of women’s roles in the modern world, it clearly outlined the opportunities available for women and them being achieved. It gave positive values to women, women who were once seen as the emotional housewives that were not capable of dealing with such matters of politics. Saying this Thatcher was in fact not there to represent women but to be a leader in politics. She had actually limited women’s roles in health and welfare services. She was not a feminist and neither agreed to the values, she was seen as a man in a woman’s body only allowing one woman in to cabinet. Nevertheless the impact of having a female lead the country for over a decade showed the world that women can also represent a nation on a political level, the highest level. Becoming Prime Minister is one of the highest achievements one could possibly enact; the aim of the liberal feminist’s allowing women to practice the same as men, to show they can also perform on the same level was achieved. As Thatcher was hated by many she was also seen as a positive role model, someone who from an unprivileged background making her way up the male-dominated ladder to become Prime Minister.

In recent times during New Labour, 101 Labour MP’s were women with twenty nine of them as female ministers and five at cabinet level. The Labour Government also accepted the social charter which protected some women rights such as the dismissal of an employee during maternity leave. This shows due to the impact of women challenging their way in to politics, their representation has increased.

This has had an impact because coming from a country of where a woman was not even allowed to read a proposed bill of legislation let alone one that had passed now she was allowed to propose, challenge and amend legislation. The representation of women is still rising but only seems to rise after there have been a handful of buffalos knocking down the door of opportunity. Jobs like mechanical engineering and train conducting are of 98% men but other jobs like becoming a vet with 80% female.

Moreover another leap forward to social life, in the home and at work, was legislation being passed on women’s influence. Although legislation was passed due to governmental debate, a percentage was based on the lives of women and how they are being damaged.

The Married Women’s Property Act 1870 allowed women to own their property and assets; they did not belong to their husbands anymore. Incest was never a crime till feminism called attention to it, the act of molesting ones children or mother was finally seen as an act of immorality, thus they were prosecuted. Such acts were still carried out but due to pushing further investigation it was seen that the infections the children were receiving were due to a related adult. In 1919 the NUSEC was a great participant in representing women’s rights and needs; it worked alongside the open door council. It challenged them in terms of equality and equity.

Many acts have been passed that directly solved or related to women. If a couple wanted to get divorced the children would go to the husband, this was seen as unfair as in most cases women bought up their children while the fathers were at work. In 1975 three major acts; the Discrimination Act, Employment Protection Act and the Child Benefit Act were passed with the Domestic violence and matrimonial proceedings act passing a year later. The discrimination act protected women in particular as well as this recent Harassment Act 1997 was introduced; this was in the work place, in public and at home. Maternity leave could be an excuse to dismiss a female employee but this had stopped and without any means tested, all children were entitled to receive child benefit. It went further to make it easy to get an injunction to stop domestic violence. These are a few of the many rights it provides for women.

Secondly the Equal pay act was passed due to the reasons of gender imbalances but this was only because of the Ford sewing machinists’ strike of 1968, this is an example of how far women had to go in order to protect their rights.

The abortion debate is still current even though it was legalised in 1967 on the influence of feminists that they have a right to control their body and what comes of it. From feminists for life ‘We believe in a woman's right to control her body, and she deserves this right no matter where she lives, even if she's still living inside her mother's womb’. Some feminists oppose this because they are inconsistent with the core feminist principles of justice and non-discrimination. Some argue that abortion does not liberate women, but allows society not to cater to women's needs. 20th century feminists saw it as a male plot: they regarded it as a way for men to have sex with women in order to prevent a child being born.

Instead of being seen as merely formal changes by Liberal Feminists, they were only made so because of relentless campaigning. In 1994 the Marital Rape Act was passed, this act to prosecute those who rape their partners was due to the countless protests by Liberal Feminists.

Women were now represented like first class ‘citizens’. Coming to the 1960’s, an era known as the second wave of feminism was a part of society where everyone was aiming for the stars. The woman barrier did not exist (on a social level). Women’s rights and roles and dreams were not laughed at but rather shared with.

As well as this some chose to become prostitutes. Liberal Feminists are for this idea as they see it as a business transaction between two individuals and that it is a woman freedom of choice. But other feminists see it as a way that has demoralised women and objectified them to being a piece of merchandise but the liberal still respond by giving the example of when one seeks out a professional, he is not concerned in the person doing the professional work but the service he will receive. The third wave is a consequence of the second wave as women are now insecure and always conscious about how others will perceive them. One example is the rise of women celebrities, with the media also in hand, doing their work of producing quality entertainment; women have fallen in to the trap of wanting to look and feel just like celebrities who are only seen on screen when they look their best. This is a big concern for modern feminists as this issue that the majority of young girls experience and it is ruing the mind-set and stopping them from progressing as women (as feminists).

It has also been belittled for its extreme call of inequality, like for example claiming they have been discriminated because of pregnancy. But discriminated from what? Men cannot get pregnant. Sometimes due to pregnancy, the employee is not able to perform as well therefore they will have to reassign. Women challenge how men have been the subject of law on a political level and within business models.

Looking at the evolutionary process of feminism, it seems there was a major rise in the early 20th century and then it being taken for granted when it reached its peak during the 60’s, it is accelerating slower than before. Many of the campaigns and challenges women went through to achieve equality and equity has been accomplished therefore there is not a real fight for further justice. The voice is now equal to those of men so both sexes are campaigning together regarding national and global issues. The barriers have been moved, from hundred years on this proves liberal feminism has had a huge impact on the UK’s Legal System. On 2nd November 2011, Lady Hale gave oral evidence to the House of Lords Constitution Committee in its inquiry into the Judicial Appointment Process. In response to a question from Lord Pannick about whether a more diverse judiciary would make a difference to the outcome of cases, Lady Hale responded by producing a book that defined the ways in how female thinking could shape better decisions.

Another significant implication is that a great deal of liberal feminists are raising equality matters in a ‘man’s world’, not realising the cognitive mind of men has an impact on actions they take therefore it would be it is incorrect to accept this male dominated society as a path that women can tread on. They have gone so far to even replace expressions such as reasonable man to the more universal reasonable person. They believe it is a step towards removing bias in the law. To claim legal certainty, under the banner of feminism or any other theory, Halley suggests, is hubris.

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