Feminist Legal Theory Research Articles

A review of state of "Abortion in Sri Lanka" in contemporary discussions

Safe abortion is a controversial discourse in contemporary society. In many countries, including Sri Lanka, induced abortions are considered criminal acts. Due to these strict laws, individuals often resort to unsafe methods for abortions, posing significant life risks. Various organizations including governmental, non-governmental, international and grassroot entities advocate for the liberalization of these stringent abortion laws to ensure safe access while stressing the importance of women’s bodily autonomy. Despite the critical nature of this issue, there are only a few studies in Sri Lanka focusing on safe abortions and abortion laws. These existing studies primarily examine the community’s perspective and are based on social and cultural determinants. However, they do not sufficiently address the role and the impact made by the abortion-related laws in Sri Lanka, which creates a significant research gap. This study intends to bridge the identified research gap in the context of safe abortion legislation in Sri Lanka. This review synthesizes previously conducted studies on abortion at both global and national levels. The main objective of this review is to explore the role of the law related to safe abortion in Sri Lanka, when accessing safe abortion, employing a feminist legal theory framework.

Legal Protection for Murder Victims as Perpetrators of Forced Defense From The Perspective of Victimology

Article 1 paragraph (3) and Article 27 paragraph (1) of the 1945 Constitution stipulate that all citizens have equal standing before the law. Furthermore, Article 28 D paragraph (1) states that everyone has the right to recognition, guarantee, protection, and certainty of fair law and equal treatment before the law. These provisions stipulate that all orders in national, social and state life are based on applicable laws and regulations. Therefore, all actions should be carried out according to the law, both by society and law enforcement. Psychologically, everyone does not want to lose their lives and property. In criminal acts, some victims react with resistance and some do not. But among the many crimes, it turns out that there are victims who react with resistance to the point of paralyzing the perpetrator of the crime, even to the point of causing the perpetrator to lose his life. As a result, the victim's self-defense efforts give rise to a case, namely being named a suspect for the crime. Therefore, this study aims to determine how legal protection is for victims of robbery as perpetrators of forced defense from a victimology perspective. This research was conducted using an empirical legal method, using progressive legal theory and legal justice theory. So that through this research, it was found that there was a change in understanding of investigators and investigators at the Indonesian Police that based on legal theory, there is an exception to the determination of a suspect or it can be said as a reason for the elimination of a criminal offense, namely justification and forgiveness as a duty and as self-defense for a crime.

RECONSTRUCTION OF JUDGES’ CONSIDERATION IN ABORTION CASES DUE TO COERCION THROUGH THE LENS OF FEMINIST LEGAL THEORY

Purpose: It is essential to reconstruct judges' consideration of abortion cases due to coercion through the lens of feminist legal theory. This reconstruction will help ensure that judges' decisions promote a more gender-affirmative and just legal framework for women defendants. Theoretical Framework: The author analyzes the judge's consideration using Feminist Legal Theory and the Principles of Judging Cases of Women in Conflict with the Law. Method: This research utilizes statutory and conceptual approaches described as legal-normative within legal philosophy. The study data comprises literature including court decisions, legal regulations and feminist legal theory. Results and Discussion: The judge in case number 05/Pid.Sus-Anak/2018/PN.Mbn had no empathy for a woman accused of abortion under coercion. The judge failed to recognize the defendant's vulnerabilities. This highlights the need for a more empathetic and gender-sensitive legal system that can make fair decisions for women in similar situations. The reconstructions needed to improve the judiciary: (1) adopt a gender-sensitive paradigm aligned with feminist legal values in decision-making; (2) integrate the principles of PERMA No. 3 of 2017, which protect women's rights; (3) implement a feminist legal reconstruction to reinterpret the legal principles, ensuring gender equality and serving as a reference for judges dealing with coercive abortion cases involving women. Research Implications: The outcome of this research will contribute to the legal literature on the consideration of criminal law based on feminist legal theory. Originality/Value: This research encourages judges to apply PERMA No. 3 of 2017 in adjudicating cases of women in conflict with the law.

Menguji Batas Business Judgement Rule: Studi Kasus Pengembangan Bisnis Lng PT Pertamina di Amerika Serikat

Business decisions made by the directors of a company are often the subject of legal interpretation, especially when the decision results in losses to the company or the state. This research focuses on the application of the Business Judgement Rule (BJR) principle in the case of LNG business development by PT Pertamina in the United States involving Karen Agustiawan as President Director. Through a normative juridical approach and qualitative analysis, this study evaluates the extent to which the BJR can protect the board of directors from lawsuits as well as identify the factors that cause the decision not to be protected by the BJR principle. The results of the analysis show that the application of BJR cannot provide legal protection if the business decision is not based on good faith, prudence, and without conflict of interest. In this context, the study also discusses the application of progressive legal theory as an alternative framework for handling this kind of case. The study recommends strengthening regulations to set limits on BJR implementation and ensure transparency in the business decision-making process.

Liberal lawyers of the Russian Empire in the second half of the 19th century in the memoirs of contemporaries

Importance. The study examines the history of the legalist movement through memoir sources. The purpose of the study is, on the basis of memoir literature, to identify internal connections and groups that have developed within the liberal jurisprudence of the Russian Empire, to identify elements of legalist ideology based on memoirs and diaries.Materials and Methods. A significant part of the memoirs and diaries have been published. This makes the researcher’s tasks easier. The use of archival sources (manuscript department of the Russian National Library, Russian State Archive of Literature and Art, State Archive of the Russian Federation, manuscript department of the Russian State Library) together with printed publications allows us to compare disparate data and come to common conclusions. The use of the problem-chronological method and the comparison method allow this analysis to be carried out.Results and Discussion. Legalists are an association of liberal dignitaries of the Russian Empire, mainly from the judiciary and legal scholars. The ideology of the legalists can be defined as conservative liberalism, and their inspiration was the famous scientist B.N. Chicherin. In the 1860s, a stable group of lawyers was formed that was vitally interested in the development of law and order in Russia (“people of legal order”). Through memoirs we see how they acted at the time of reforms, how they became institutionalized in the 1870s, how they took an active part in the reforms of 1878–1881, how they tried to defend the foundations of the system created by Alexander II, how they fought against traditionalism in the 1890s years.Conclusion. The memoirs reflect the sentiments of the legalists, who, despite constant defeats, did not lose heart and were optimistic about the future. They proceeded from the fact that Russia is part of the world process and in due time “everything that exists in Europe” will come to it

Development Law in the Context of Legal Theory and Philosophy: Challenges and Opportunities Toward Social Justice

This research project is an in-depth analysis of legal theory and philosophy in the context of the concept of development law. An understanding of how law functions as an instrument of social justice is crucial to this analysis. This research employs the literature study method to collect, distill, and interpret a range of academic sources pertaining to development law, social justice theory, and philosophical approaches that inform our understanding of justice in development. From a theoretical standpoint, this study draws upon relevant theories that emphasize equality of opportunity and resource distribution as a prerequisite for social justice. These theories are useful in emphasizing the importance of legislation that is capable of guaranteeing equal access and fair distribution. Furthermore, progressive legal theory and responsive legal thinking are investigated to ascertain how development law can serve as a dynamic instrument of change in alignment with social, cultural, and economic transformations. The findings of this research are anticipated to offer insight into how development law is not merely a collection of regulations but also an active instrument in fostering a more just and inclusive society. By incorporating aspects of social justice into development law, the prospect of realizing sustainable and balanced development is enhanced.

From the standpoint of progressive law, the idea of legal protection for land deed officials in the electronic mortgage system

The Electronic Mortgage Rights System was established through the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020. The Electronic Mortgage Rights System is an integrated electronic registration service for Mortgage Rights aimed at maintaining data and providing efficient and effective services in the registration of Mortgage Rights. However, this Electronic Mortgage Service has implications for the position and legal responsibilities of the Land Deed Official as stipulated in Article 20, paragraph (4) of the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency number 5 of 2020. Therefore, based on the concept of progressive legal theory, a Land Deed Official is entitled to legal protection from the substantive errors of a regulation that is less favorable. This research aims to examine the issues regarding how the concept of legal protection for Land Deed Officials within the electronic mortgage system is viewed from the perspective of progressive law. This research method is of a Juridical Normative nature with a prescriptive approach. Based on the research findings, it can be concluded that from the perspective of legal protection theory and progressive legal theory, it is incorrect to burden the Land Deed Official with legal responsibility for the accuracy of data and the validity of documents that were not created by them, but rather provided by the data and document owners who should be responsible for the accuracy of that data and the validity of those documents. It is also incorrect for the Land Deed Official to create and sign a "Statement" regarding the accuracy of data and the validity of documents uploaded through the electronic Mortgage Registration System, as this "Statement" should be made and signed by the Debtor and Creditor as the owners of the data and documents. Therefore, the Land Deed Official deserves legal protection from regulations that substantially do not favor them, as these impose responsibilities beyond their authority. Based on that conclusion, it is recommended to reconstruct Article 20 paragraph (4) of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Regulation number 5 of 2020, and to transfer legal responsibility to Debtors and Creditors as the parties involved in the Electronic Mortgage System, in order to build a legal framework that aligns with the future legal ideals in Indonesia, through a holistic approach that includes legal reform, institutional capacity building, and strengthening ethics, morals, and professionalism in positions.

Tasaluh Sebagai Metode Pembagian Waris Perspektif Hukum Progresif

The distribution of inheritance must be carried out in accordance with Sharia, as explicitly regulated in the Qur'an and Hadith. According to most scholars, the provisions found in the Qur'an and Sunnah, which provide clear guidance, are considered Qat’i (definitive). However, Muslims tend to prefer reconciliation or consultation (musyawarah) in inheritance distribution. This practice is not only a common custom in society but is also regulated in Article 183 of the Compilation of Islamic Law (KHI), which explains that tasaluh is a method in which an heir waives their inheritance rights to be given to other heirs. This research is library-based, using qualitative data, and follows a descriptive-analytical approach. The goal is to describe the tasaluh method of inheritance distribution from the perspectives of both Islamic law and the Compilation of Islamic Law, and then analyze it through the lens of progressive law. The study uses a normative approach to examine tasaluh in inheritance distribution via progressive legal theory. The findings suggest that inheritance distribution through peaceful methods, such as takharruj in Islamic law, can be seen as an implementation of progressive law, which prioritizes humanity and social justice. By encouraging deliberation and mutual agreement, this method accommodates social needs and family harmony. This approach shows that law need not be rigid; it should provide solutions that promote societal welfare. Therefore, Islamic law, through peaceful inheritance distribution, offers fairness and justice, aligned with progressive law principles.

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.

Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement

The The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement.

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.

Challenges in Upholding Women’s Post-Divorce Rights: Experiences From Legal Practitioners in the Mataraman Region, East Java

This article examines the fulfillment of womens' post-divorce rights initiated by the wife in the Religious Courts of the Mataraman Region, East Java. Applying the legal system and feminist legal theory, this article combines a normative juridical approach with case studies. The findings identify inconsistencies between the legal substance and its implementation in Mataraman Region, which affect the fulfillment of wives' rights after divorce. Law enforcement officers face challenges in enforcing these rules due to patriarchal culture and a lack of gender awareness. The legal culture within society also influences the process of fulfilling wives' rights, particularly concerning the impact of patriarchal culture and gender stereotypes. Utilizing feminist legal theory, gender bias in the application of the law often disadvantages women, indicating the urgent need for fundamental changes to achieve gender justice. Therefore, revising and harmonizing legal regulations in a more specific and detailed manner through implementing rules issued by the Supreme Court and enhancing gender awareness among law enforcement officers and the community is crucial to ensure the fair and equitable fulfillment of wives' rights post-divorce.

Winners of the Feminist Legal Studies Editors’ Article Prize 2024

Winners of the Feminist Legal Studies Editors’ Article Prize 2024