ABSTRACT

A feminist jurisprudence, stigmatized as particularized and protectionist in male eyes of both traditions, is accountable to women’s concrete conditions and to changing them. Only feminist jurisprudence sees that male power does exist and sex equality does not, because only feminism grasps the extent to which antifeminism is misogyny and both are as normative as they are empirical. To the extent feminist law embodies women’s point of view, it will be said that its law is not neutral. Women have never consented to its rule—suggesting that system’s legitimacy needs repair that women are in a position to provide. It will be said that feminist law is special pleading for a particular group and one cannot start that or where will it end. A feminist theory of the state has barely been imagined; systematically, it has never been tried.