This chapter explores feminist legal theory. The discussions cover sexism and law; the varieties of feminist legal theory; the work of Catharine MacKinnon; and a revival of liberal feminism led by philosopher Martha Nussbaum.
Chapter
14. Feminist Legal Theory
J. E. Penner and E. Melissaris
Chapter
1. What is Jurisprudence?
J. E. Penner and E. Melissaris
This chapter provides an overview of the four parts of the book. Part I covers the theories of the nature of law. Part II considers particular philosophical issues in law. Part III explores the intellectual foundations of the liberal social contract tradition in political and legal philosophy. Part IV turns to radically different ways of viewing society, politics, the state, and law.
Chapter
15. Postmodern Legal Theory
J. E. Penner and E. Melissaris
This chapter first distinguishes between the modern and the postmodern conditions or eras with reference to the work by Jean François Lyotard, and then discusses two fundamental ideas underpinning modern law and legal theory: the rational and autonomous subject; and the clarity and objectivity of meaning of the legal text. Drawing on Michel Foucault and Jacques Derrida, it shows how postmodern thought questions these foundations of modernity, and, finally, discusses the practical significance of postmodern jurisprudence: its ability to provide answers to pressing questions of law and justice.
Chapter
11. Why obey the law?
Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.
Chapter
7. Law and social theory
This chapter examines the subject of social theory and, in particular, the sociology of law and analyses the leading theories of a number of writers who adopt a ‘sociological perspective’. The theories of Roscoe Pound, Eugen Ehrlich, Émile Durkheim, Max Weber, Karl Marx, Michel Foucault, and Jürgen Habermas are discussed. Each espouses a different approach to the analysis of law and the legal system, but what they have in common is the attempt to explain the role law plays in society. Their contribution is an important one, although it is sometimes questioned whether the sociology of law has an adequate theoretical grounding.
