Nasty Law or Nice Ladies? Jurisprudence, Feminism, and Gender Difference
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This article examines the premises of the emerging field of feminist jurisprudence and critically reviews some basic works in this field. While feminist legal scholars agree that law, both as an institution and as an academic enterprise, contains an inherent male bias, they differ among themselves in their explanations of how this bias arose and what its effects are. Several of these scholars emphasize gender differences, rather than male domination, in their critiques of law. This article examines the underlying premises characteristic of what it labels "difference jurisprudence." The analysis concludes, first, that difference jurisprudence has no adequate theory of gender difference, and, second, that the existing scholarship rests on premises which are dangerous to sexual equality. 1991 Taylor & Francis Group, LLC.
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