In what ways does patriarchy manifest itself in law?

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In what ways does patriarchy manifest itself in law?

In 1949 Simon Beauvoir, with her work titled “the second sex” who expressed the position of women down the ages, possibly creating a landmark in this area. As she said “…man defines woman not in herself but relative to him. He is the Subject. He is the Absolute-she is the Other. This attitude was portrayed in all areas of society- political, economic, social and very importantly legal; this giving rises to the principle of Patriarchy.  

By patriarchy feminists mean the ordering of society under which standards –political, economical, legal, social- are set by, and fixed in the interests of men, men more highly valued than women.

We shall now move on to see how patriarchy manifests itself in law, despite some great improvements, even today.

Men shaped law. Women were not even included. It was from the 17th century that the notion of equality provided the political and conceptual context in which the feminist voice could be contracted. Until the 19th century he broader notion of equality became reduced to the notion of equal rights whereby feminism, took the view of a true political force in demand of those equal rights. The 19th century brought with it the beginnings of a feminist jurisprudence. By the end of the 1960s beginning of 1970s, the second wave of women’s movement was set up. Feminists instead of trying to create the perfect law were concentrating more on criticizing the existing one. Various feminist theories developed but all had one main thing in common: the attack on patriarchy.

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Feminists do not speak with a single voice. At least four schools of feminist thought can be identified: liberal, radical, cultural and postmodern feminism.

Liberal Feminism:

In liberal feminism (1960-1970) all persons are regarded as autonomous and the values of equality, rationality and autonomy are emphasized. Its central claim is that since women and men are equally rational they ought to have the same opportunities to exercise rational choices.

Radical Feminism:

While liberal feminism emphasizes in equality, radical feminism is concerned with difference and claims that women’s differences should not put them in a disadvantage, for example ...

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