Introduction:
Feminist jurisprudence is a legal theory that believes that law has been structured in a way that has led to the subordination of women. It is based on the social, economic, and political inequality of genders. Feminists believe that equality must not just be considered as simply a formal concept, but it should be treated as something that can change the structure of the society with regard to inequality of genders. Feminists believe that history has been written by males and the male opinion does not reflect on a women’s role in society which leads to great biasness.
Patriarchal society is the reason behind the unequal treatment of genders. A patriarchal society is a social system in which men are considered to be superior to women and hold a dominating power over the women. This structure of society has been followed for a long time in major parts of the world but now the women are trying to change the traditional approach.
Feminist Jurisprudence and Patriarchal Society
Feminist jurists question the law which is the very basis of our society for their unequal treatment. They believe that there is a need to rethink the laws and the various norms that have been created since the beginning of time. Male characteristics in the society have been called as a norm and female characteristics are considered to be a deviation from that norm, such prevailing concepts conserve the patriarchy. Men in society have held more power which gives them more privileges to which the women are not entitled.
Most of the feminist theories have patriarchy as the central concept. These theories try to explain the classification of males and females by powers they hold. In ancient Greece, the power in a patriarchal society was passed down through elder males and when historians describe a patriarchal society, they mean the power held by the males and privilege as the head of the family, leader of different groups, and even head in all governmental positions.
Many patriarchal societies are patrilineal where the male lineage directly inherits the title and all the property. The opposite of such society is a matriarchy, where the females hold the primary position, but such type of a setting is hardly seen. Patriarchy has been able to manifest all the social, economic, and political aspects of different societies and has had a major impact on females. Males use the social system to keep females oppressed as the primary element of patriarchy is the relationship of dominance. Patriarchy encourages males to have control over females which gives them a sense of security and social status. Such patriarchal society adversely impacts females. Feminist theory helps to point out that what is natural behavior for one gender is a distortion for another.
Feminist philosophers judge the existing state of affairs, which are based on the old concept of patriarchy as it reflects old presumptions of gender equality. The current law need not necessarily be based on the old concept of patriarchy because females now demand equal treatment. But still, the current law reflects the old notion that males and females are unequal and females are viewed differently than males. A dichotomy has been created and females are seen as subordinate, domestic, emotional, and passive beings.
The theory of patriarchy has been expanded by feminist theorists to describe a systematic bias against all female leaders in the current society. This had been initially uncommon because females occupying positions of power were viewed as an exception to the perceived view of the society. The society is more used to viewing males in political positions as they have more power and authority in a patriarchal society. Feminists seek to remove male dominance to liberate the society from the male oppression including the sexual objectification of women by raising public awareness about rape and violence against women and try to challenge the notion of gender roles.
Conclusion
Feminist jurisprudence is a concept that helps in fighting against the traditional patriarchal approach of the society. It is interesting to consider what the present scenario would have been had the feminine view was taken into consideration while framing of laws. Now, attempts are being made to develop laws and schemes that aid in female empowerment. The concept of gender justice has surfaced which shows that there has been a comparison between the two genders and now living with dignity and freedom has to be recognized as a right for all genders. Any law built on the presumption that males and females are different is flawed and such laws try to tell how women should be empowered and what should be done to progress. This further creates disparity rather than treating all genders equally. Eliminating patriarchy should be the major concern of all societies as it will remove all the unjust treatment towards females.
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