Jurisprudencija i feminizam

Mršević, Zorica (2019) Jurisprudencija i feminizam. In: Rodna ravnopravnost u visokom obrazovanju: koncepti, prakse i izazovi. Akademska knjiga, Novi Sad, pp. 253-265. ISBN 978-86-6263-279-1

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Abstract

The subject of this paper is the relationship between jurisprudence (legal theory) and feminism, whose meeting place is at the academic theoretical and political left. At this meeting point of (only allegedly) neutral legal theory and (very openly) engaged feminism, feminist jurisprudence is articulated as an academic critical analysis of legal theory, laws and their implementation as primarily patriarchal institutions. At the same time, feminist jurisprudence at that meeting place finds its first academic ally in the left-oriented jurisprudence that argues the need for legal sanctioning of sexism, misogyny, racism, hate speech and hate crime, xenophobia, homophobia, islamophobia, and anti-Semitism. The aim of the paper is to present the critical views of feminist jurisprudence, indicating that laws, although having clear pretensions to equally protect rights of all human beings, have not yet always realised this ideal in regard to women. Namely, feminist jurisprudence recognises that through drafting and adopting laws and their implementation in а patriarchal academic and institutional environment, women аrе inadequately represented, ignored and side-lined, silenced, poorly interpreted, deprived, and subordinated. This results in а visible presence of inadequate protection against violence and discrimination of various types, which is accompanied with traditional academic lack of interest towards these topics. Feminist theory has no pretence to replace already existing general (male) legal theory and take its place, but rather find itself а place next to it, and within, in mutually critical analytical relations and dialogue. То this end, it brings forth а whole set of new critical approaches, new terms and concepts, new arguments for new legal solutions, and makes efforts to allow for а new, more equal communication between women and men, women and а male-female legal and social environment that is to be changed. Thusly, inevitably, feminist jurisprudence raises the question of need for а different design of legal curricula with intention to fill existing gaps in academic domains of teaching, research and knowledge production.

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