Feminist Legal Theory Research Articles

Feminism in the borderscape: Juarense women against injustice

This article critically examines the feminist movement in Ciudad Juárez, Mexico, highlighting the struggles and activism of Juarense women against social injustices, particularly those exacerbated by machismo, the Narco War, and the manufacturing industry. The analysis explores the roots of machismo in Mexican culture, the impact of the maquiladora industry on women's lives, and the rise of feminist activism in response to these challenges. Emphasizing the intersection of gender violence and legal frameworks, the article incorporates feminist legal theory to argue for substantial legal reforms to combat the normalization of machismo and feminicide. It further discusses the resilience and determination of Juarense women, portraying their efforts as part of the broader global feminist movement.

Seven million tweets of violence: gendered analysis of Black women representation on social media platforms

ABSTRACT This paper investigates the gendered linguistic patterns of tweets discussing state-sanctioned and vigilante violence against African American women. The paper considers representations of Black women and Black death as engaged on the social media platform formerly known as Twitter. We utilize the theoretical frameworks of Patricia Hill Collins’ (2022. Black Feminist Thought, 30th Anniversary Edition: Knowledge, Consciousness, and the Politics of Empowerment. London: Taylor & Francis) conceptualization of Black feminist epistemology and controlling images and Kimberle Crenshaw’s (2018. “Demarginalizing the Intersection of Race and sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics [1989].” Feminist Legal Theory 1: 57–80) intersectionality to understand the ways that Black women are discussed, remembered and advocated for on social media platforms in relation to their Black men counterparts. The analysis of over seven million tweets utilizes both qualitative content analysis and computational tools. The paper’s findings concluded that there were differences related to passive and active language based on the gender of the victim of state-sanctioned or vigilante-race-based violence, as well as homophily, specifically name events most frequently used within the context of the state-sanctioned killing of Black women versus Black men.

Legal Feminism: Wang Ruqi and the 1950 Marriage Law

Abstract This article analyses Wang Ruqi’s 王汝琪 (1912–1990) contribution to the drafting of the 1950 Marriage Law, the first codified law promulgated by the People’s Republic of China (PRC). It argues that Wang–who had been a legal specialist and a female political activist dating back to the 1930s and 1940s–was the actual author of the law’s first draft. In rehabilitating Wang’s long-forgotten contribution to the making of the Marriage Law, this study highlights that, first of all, lawmaking in the early years of the PRC was characterized by legal “professionalism,” rather than the “vernacularism” that scholars in recent years have tended to ascribe to this period. Second, Wang was an exemplary figure of a new breed of “state feminists” in the PRC, which we term “state-legal feminists.” State-legal feminists, like state feminists in general, were brought into the PRC state apparatus and took advantage of their role in the state to advance sociopolitical agendas. However, they differed from their fellow state feminists because they firmly believed that the state’s will and intent could be best articulated and exercised through codified laws and legal institutions. The making of the Marriage Law thus exemplifies the state-legal feminist approach insofar as it resorted to a codified law to push for the political agendas of women’s emancipation and restructuring families in China. While recent scholarship highlights the politicization of the law in the 1953 campaign to promote the Marriage Law, this study inverts this by addressing the legalization of political and social movements.

Women’s Bodily Redemption in Richard Yates’ Revolutionary Road: An Analysis From the Perspectives of Body Narrative and Feminist Jurisprudence

Women’s Bodily Redemption in Richard Yates’ Revolutionary Road: An Analysis From the Perspectives of Body Narrative and Feminist Jurisprudence

‘The Doctor in Search of Herself’: women doctors’ autobiographies, second wave feminism, and the feminist women’s health movement, 1976-1987

Second wave feminist legal and educational reform contributed to the fourfold rise in the number of women doctors in the United States between 1970 and 1990, challenging the hierarchical medical...

A Review of Feminist Legal Theory on Abortion Regulations for Rape Victims in Indonesia

The purpose of this study is to review and evaluate abortion regulations for rape victims, especially the requirements outlined in the Health Law and Government Regulation No. 61 of 2014 concerning Reproductive Health, using feminist legal theory as an analysis framework. This study uses an extra-doctrinal methodology outside the laws and regulations, emphasizing feminist legal theory as the basis of thought. The findings suggest that abortion regulations for rape victims still largely ignore women's life experiences and put them in difficult situations. The marginalization of women victims of rape in accessing safe abortion is a consequence of the gestational age limit for abortion, which fails to acknowledge the different experiences of women and treat them as a homogeneous group. To effectively address this issue, it is critical to involve the participation of women who have experienced rape, including victims of sexual violence, in the development of policies related to abortion for rape victims.

The Feminist Legal Theory Movement and its Implementation in the Indonesian Constitutional System

The Feminist Legal Theory movement has had many impacts on the legal system in the world, especially in Indonesia. Feminist Legal Theory, which focuses on fighting for equality for women, has succeeded in removing women from discrimination. In Indonesia, the feminist movement has made a big difference to the development of the country's constitution. Women are no longer considered as marginalised people whose rights can be denied by men. Women are not the shadow of men, but more than that women are figures who stand alone to do something that is considered only men can do, while still not eliminating their nature as women.

Emergence of Lesbian Theory of Law

In the late eighties of the 20th century, the methodological reflection of lesbian identity arose within the framework of feminist jurisprudence. Although the original intention was to include lesbian identity in a woman's identity, in a relatively short period there was a sudden break. Lesbian identity became a distinct identity considered to be the central position of lesbian jurisprudence. This study presents the peculiar features of lesbian legal theory. It tries to point out the historical and ideological determinants that led lesbianism to enter (legal) feminism. Lesbian separatism also took part in this development. It turned out to be the main reason for the separation of lesbian legal scholars from the feminist jurisprudence. The study presents the core ideological assumptions that constitute the theoretical nature of the lesbian theory of law, which is based on lesbian (legal) experiences.

DISKURSUS PEREMPUAN SEBAGAI KEPALA RUMAH TANGGA (TEORI FEMINIST JURISPRUDENCE)

This study explores the "Discourse of Women as Heads of Households (Feminist Jurisprudence Theory)" with a focus on feminist jurisprudence theory's significant role in the field of legal studies, due to its ideas influencing many debates on sexual and domestic violence, workplace inequality, and gender-based discrimination. Through various approaches, feminists have identified gender components and the gender implications of legal norms and their supposedly neutral implementation, which have historically adversely impacted women in the contexts of employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment. This research is a library research study, employing a qualitative research methodology, where primary data was collected by sourcing relevant books, supplemented by secondary data from articles, papers, news websites, etc. The study identifies gender-biased legal norms that affect women's roles as heads of households, particularly in terms of access to economic resources, family decision-making, and legal protection. Through a critical approach, this study also highlights the challenges faced by female heads of households in maintaining justice within the family, and the urgent need for legal reform to achieve better gender equality. Considering the perspectives from feminist jurisprudence theory, this research emphasizes the importance of changing phallocentric legal paradigms to accommodate the significant contributions of women in managing households and building a gender-inclusive society.

Winners of the Feminist Legal Studies Editors’ Article Prize 2024

Winners of the Feminist Legal Studies Editors’ Article Prize 2024

Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits

The implementation of Progressive Law Enforcement is motivated by the desire to avoid negative effects on the ineffectiveness of the criminal justice system in accommodating criminal cases so that the law enforcement process does not continue through the courts. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to find out the philosophical basis of Progressive Law in providing legal certainty and legal benefits and the application of Progressive Law by the National Police in increasing the resolution of criminal cases. Based on the research and discussion results, a picture is obtained that law is the rules and guidelines that regulate life in society to create peace and order. Progressive legal ideas occupy a separate legal position. Various groups in handling legal cases, especially in the country, emphasize the preposition of Progressive Legal theory. Especially emphasizing the element of benefit in the form of human peace in society, nation, and state, the implementation of progressive law as an effort to improve the resolution of criminal cases requires that police investigators be able to carry out their duties and authority professionally, accountably and morally so that progressive law enforcement can be in line with legal objectives. It provides legal certainty, legal benefits, and a sense of justice.

Kewenangan Eksekusi Riil Pengadilan Negeri terhadap Perkara Konsinyasi Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum

Article 98 of the Government Regulation of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest states that in the event that compensation money has been entrusted to the District Court but the party is entitled to the land still controls the land object, execution can be requested, however The final product consignment application case is in the form of a determination and not a decision and the ruling is not condemnatory in nature, thus causing problems. This research is a normative juridical research that only examines primary, secondary and tertiary legal materials such as statutory regulations, both Law Number 48 of 2009 concerning Judicial Power and the Herzien Inlandsch Reglement (H.I.R) / Rechtreglement voor de Buitengewesten (Rbg), Republic of Indonesia Government Regulation Number 19 of 2021, Supreme Court Regulation Number 2 of 2021, books and journals. Data collection techniques using document study and analysis were carried out qualitatively, where the results of this research show that there is authority for the Chairman of the District Court to carry out real executions based on the Theory of Authority, Progressive Legal Theory and the Principle of Social Function, and in the future there must be reconstruction and harmonization of norms related to the execution of Land Acquisition consignment cases.

Restoration of gender inequalities through anti-abortion reforms: Can Teubner’s “anonymous matrix of communications” help feminists?

Abstract This article is a response to the new wave of legal changes restricting access to abortion in several countries across the world, which have substantially undermined the global advances in the field of reproductive rights observed in recent years. To address this problem, the article derives insights from two important bodies of literature that are usually perceived as theoretically and ideologically counterposed, namely feminist legal studies and systems theory. In juxtaposing two important academic literatures, the article exposes gaps in both, and it demonstrates the conceptual potentials inherent in this juxtaposition. The article engages with the work of Drucilla Cornell and Gunther Teubner, who – despite their very different intellectual backgrounds – provided progressive interpretations of systems theory. It further critically examines whether societal constitutionalism can help feminists explain the recent developments in abortion law across the world. It engages critically with Teubner’s arguments concerning the role that human rights play in constraining the expansive tendencies of social systems, such as politics and religion, revealing the limitations of Teubner’s arguments in relation to reproductive rights and justice. At the same time, the article helps restate the contemporary relevance of systems-theoretical approaches in atypical fields like reproductive justice and gender studies.

Judging the Application of Progressive Legal Theory in Child Custody Disputes: A Case Analysis of Decision No. 0334/Pdt.G/2019/PA.Gdt

Article 105 of the Compilation of Islamic Law grants child custody primarily to the mother, ensuring the child's welfare. However, Decision No. 0334/Pdt.G/2019/PA.Gdt diverges from this, granting partial custody to the father. This research employs Sadjipto Rahardjo's progressive legal theory to analyze the decision. Despite the contradiction with Article 105, the decision embodies progressive legal values. The judge courageously adopts a joint custody model, prioritizing the child's welfare and justice. This approach allows both parents to care for the child, preserving the child's bond with each parent. The research contributes by showcasing how progressive legal principles can shape custody decisions, ultimately enhancing justice.

Exploring Diverse Madhhabs' Perspectives on Wearing a Veil among Female Students

The increasing prevalence of veiling among female students is requiring urgent examination. Therefore, this study analyzes veiling during prayer, emphasizing four madhhabs to show varying perspectives and implications for student populations in Ambon State Islamic Institute. A comparative analysis of legal principles is adopted to integrate sociological perspectives using an interdisciplinary approach. Data collection includes interviews, documentation, and bibliographic studies, with emphasis on the influential novel turāś (classic book). The results show that there are three main issues, namely concerns regarding prostration perfection in hadith, debates on mouth and nose closure during prayer, and discussions on intimate body part boundaries for women. In addition, Jumhūr Ulamā (the Majority of Scholars) from al-Shāfi'ī, Hanafī, and Mālikī madhhab concur on visibility necessities in specific situations. Veiling is recommended during prayer unless there is concern for slander. In this context, students' awareness of feminist jurisprudence is stated, advocating for a nuanced understanding beyond a singular perspective. Veiling practices should also be comprehended during prayer among Muslims to urge respect for diverse Islamic opinions. This study reports the urgency of addressing the multifaceted issue and advocates for a comprehensive perspective.

The Concept of Pancasila in Guaranteeing the Legal Protection of Indonesian Customary Law Communities

The existence and rights of indigenous peoples faced several challenges during this time of rapid development. Indigenous and tribal people are weak and marginalized because of these issues. This is due to how differently everyone participates in positions in communities with customary land and customary law in the framework of life in the country and state based on Pancasila and the constitution. The issue raised in this essay is how to provide progressive legal protection for indigenous and tribal peoples’ existence, while also achieving their welfare. This essay adopts a conceptual approach, with Pancasila serving as the fundamental principle for ensuring the legal protection of indigenous and tribal populations in Indonesia. This essay also makes use of Customary law communities that are protected by the current legal system, which is more static, constrained, and legalistic than it has ever been. The issue of how communities with customary law are acknowledged must be addressed in terms of legal protection. The state should enact laws and procedures to offer legal defense based on instruction and empowerment. These laws and policies are examples of progressive legal theory; they are founded on Pancasila and the 1945 Constitution, which positions humanity as bringing justice, wealth, and happiness to indigenous and tribal people.
 Keywords: Pancasila, Protection, Customary, law

Sexual consent in the Spanish Criminal Code: shadows of its political and legal construction through the Law on the Comprehensive Guarantee of Sexual Freedom

The criminal regulation of sexual crimes in Spain has recently been modified in order to include a consent-based definition of rape. From a feminist framework, this socio-legal research calls this criminal reform into question. Specifically, the main objective is to study the potentialities and constraints of the legal element of sexual consent to meet women's lived experiences and their ways of performing gender. Drawing on the works of feminism and legal feminism of the last century that dismantled heteropatriarchal sexual politics, as well as relying on current feminist approaches to consent, I expose the shadows, grey areas, and deep-rooted assumptions that underlie the political-legal construction of this hackneyed concept. To do so, I primarily use Carol Bacchi's critical policy analysis in order to explore the Spanish criminal policy discourse concerning this penal modification. In my analysis I examine the preparatory works of the legislative amendment as well as selected oral debates held in the Congress of Deputies and in the Equality Commission. The main findings show how this policy contradicts and collides head-on with many foundational contributions of feminist theory in relation to sexual violence. Nonetheless, relying on broader historical discourses of human rights and international law and repeatedly alluding to the feminist social movement, as well as due to the functionality of the modern notion of consent in a neoliberal system, this legislative amendment enjoys a high level of acceptance.

Incredible Women: Legal Systems Abuse, Coercive Control, and the Credibility of Victim-Survivors.

Research has long demonstrated that victim-survivors of intimate partner violence face barriers to being believed when they seek help via the legal system and are simultaneously at risk of their abuser weaponizing the legal system against them. This article draws on the experiences of 54 women victim-survivors of coercive control in Australia who had experienced legal systems abuse within criminal and civil protection order systems. Drawing on feminist legal theory, we highlight that the legal system continues to disbelieve women and validate abusers. These experiences hold implications for victim-survivor views on the merits and risks of criminalizing coercive control.

Revisiting ‘Iddah: A Critical Analysis of Gender Equality in Indonesian Feminist Islamic Legal Discourse

Feminist legal theory highlights the persistence of women's subordination within the prevailing legal framework and emphasizes the importance of legal mechanisms that promote women's emancipation and equality. So far, the discourse of feminist Islamic law in Indonesia has caused more rejection, particularly with the emergence of the Counter Legal Draf-Kompilasi Hukum Islam (CLD-KHI), which is considered contrary to Islamic law, one of which is in the provisions of 'iddah. This study seeks to examine and analyze the demand for gender equality in the 'iddah period as manifested in the CLD-KHI. Using a qualitative research approach emphasizing library-based research on the draft in question and the supporting writings, this study bases its content analysis on the theory of Maqāṣid al-Sharī'ah, with al-Shatibi as the primary source. The results of this study reveal an insufficiency in the justification of the plea for gender equality in the enforcement of 'iddah from the view of Maqāṣid al-Sharī'ah. From the conventional perspective of Islamic law, the principle of gender equality as a maqṣad does not have a solid foundation, so it leads to rejection rather than acceptance. Therefore, to bear fruit, any legislative effort in the field of Islamic law must be carefully shaped by methodologies and ethos derived primarily from its tradition.

ANALYSIS OF JUDGES' DECISIONS REGARDING ISLAMIC INHERITANCE CASES AND ITS IMPLICATIONS FOR FAMILY LAW REFORM IN INDONESIA

There is a disparity between the decisions of the Religious Courts, the High Religious Courts and the decisions of the Supreme Court related to Islamic inheritance cases since first-instance and appellate-level decisions tend to use normative law, whereas at the cassation level decision has used a progressive legal paradigm. Therefore, this study aims to look at the judge's decision regarding inheritance cases and its implications for legal reform. This research is a qualitative research, a type of library research with the approach of the Legal Pluralism Triangle Concept by Werner Menski. This study uses the theory of legal discovery, maqasyid as-shari'ah, and progressive legal theory, and draws conclusions using inductive thinking. The results of this study indicate that the decisions of the Religious Courts and the High Religious Courts still use a conservative legal paradigm which tends to only serve as mouthpiece for laws, in contrast to the decisions of the Supreme Court which have described the existence of ijtihad by using a progressive or contextual legal paradigm. The implication of the decision on Islamic inheritance for family law reform in Indonesia is that the Supreme Court's decision can be used as jurisprudence andas a reference for realizing the unification of Islamic inheritance law in Indonesia today.