Feminism's worth in law

There are various theorists in Feminist legal theory that espouse the same belief in that society and the legal order are patriarchal. The goal of all Feminist theorizations is to provide a sociological perspective to how things in society are. This patriarchal understanding defines feminist theory and unites feminist legal theorists adopting the sociological stance to define how the law acts in society. Different scholar's in this field or movement will describe women's subordination by exploring its nature and extent that this exists. Then move to an examination of how this patriarchy happens by looking at what mechanisms cause it. Then examine why it happens through what complex interwoven reason do women continue to occupy this position. Finally they will examine how this to be changed. Feminist legal jurisprudence particularly examinee's what role law play's in perpetuating this patriarchal hegemony through the same three windows of examination. Its critical legal analysis promotes and contribution change in the legal system thus positively impacting social behavior's.

One of the most influential legal feminists is Catherine MacKinnon. She posed the very compelling Socratic question, that while the feminist movement pushes for women equality with men; do they really need to be or want to be treated as equal? As Wendy Williams wrote "an equal treatment approach only benefits women who conform to male norms and if women exercise their desire to participate in the activities that are women's activities ( I believe she meant activities women are better at then men historically for their nurturing attributes) such as raising children; then they cannot be treated equally". MacKinnon for this reason of debate in how to approach the question of equality wants to shift the discussions onto a focus of identification of male supremacy and female subordination. This practical approach furthered her ability to transform Pornography legislation in the USA (along with the help of another fellow feminist Andrea Dworkin). While the entirety of their proposed legislative change was questionable as to its extent of furthering feminist goals, they were successful in bringing about positive reform in the for of the availability to civil remedy for those physically and mentally abused in the trade of phonographic films and pictures. It is in this industry where male dominance over women is evident and woman are more than often are involved in both physical and mental abuses. So, MacKinnon is still advocating for equality but by seeing the need to stay focused that the first order of business is to identify that dominance in one area. She hopes to fix areas of identifiable concern in the system piece by piece, moving on to the next problem for practical purposes. While she is often criticized for perpetuating women as victims she ultimately sees the only real change in equality coming after a revolution.

We might see McKinnon as a hard positivist. She sees no movement towards a society under the existing law's that can support an ideal conception of equality between men and women and therefore may be said to see the legal system not only as paternalistic but as a closed system that is unjust. On the other hand some may view McKinnon or other feminists as purporting the view that the rule of law contains an inherent paternalistic view because it supports the continued inequality. While this may be arguable it does seem that at the very least McKinnon in finding no common ground with the law or any ideas that government's may support which seem to express the desire for equality that there is no way to achieve it within the current system. It is not for a lack of understand she claims of what equality is or 'ought' to be in the law, it is for a unwanted support for any meaningful change that will happen but for a revolution upending the entire legal system itself and reorganizations of a conception of the rule of law that supports paternalism. She is not saying that the law is value free as Raz or Kelsen states but if there are any values that are discussed as playing a role in the law she finds that these values are not acted upon. The law she finds is closed in this sense that the legal system does not represent a value of justice or fairness. Thus, we have a legal system that purports to be just but essentially the conception of this justice being eschewed and is therefore not influenced by these universal truths but influenced by immoral views. This boils down to the law being described as best described as a result of social facts not subject to political or moral forces (We might make an argument that it is subject to immoral forces). McKinnon would support one or both of the views that the law does not allow us to see what is legitimate or illegitimate or that their is a lack of want among the system of governance itself to promote legitimacy thus hindering any meaningful ideal of justice from underlining the rule of law.