ABSTRACT

Like Critical Legal Studies and critical race theory, feminist legal theory offers a critical perspective on the law. In the case of feminism the starting-point is law as seen through the lens of women’s experiences and the objective of the critique is to demonstrate that women are subordinated through the law – that, though it may pretend otherwise, the law is not neutral or impartial in its treatment of men and women. Instead, it systematically reflects, maintains and legitimates ‘patriarchy’, which is the phenomenon of power being in male hands. Mainstream law is ‘malestream’ law. In addition to its analysis of law as reflecting and perpetuating male values and male interests, feminism is also, of course, a political movement which aims to challenge male power and eliminate women’s subordination.