THE RISE OF FEMININE LEADERSHIP (Edition-III) ISBN: 978-93-49468-67-2

Reconstructing Justice: Theories of Feminist Jurisprudence in Legal Thought

Author: Ms. Puja Das

Feminist jurisprudence represents a transformative approach to legal theory that critically examines law through the lens of gender justice, equality, and social inclusion. This paper explores the theoretical foundations, pedagogical implications, and practical relevance of feminist jurisprudence within contemporary legal thought, with particular reference to the Indian context. It argues that law is not a neutral or objective institution but one historically shaped by patriarchal values that marginalise women’s lived experiences, especially those belonging to disadvantaged and marginalised communities. Feminist jurisprudence challenges traditional assumptions of universal equality by exposing structural biases embedded in legal doctrines, institutions, and practices. The study analyses major strands of feminist legal theory, including liberal, radical, cultural, Marxist/socialist, postmodern, and intersectional feminism, each offering distinct insights into how law constructs and reinforces gender hierarchies. While liberal feminism focuses on formal equality and legal reforms, radical and Marxist feminisms interrogate deeper power structures such as patriarchy and capitalism. Cultural and postmodern approaches further enrich the discourse by emphasising care, relational values, diversity, and the socially constructed nature of gender and identity. The paper also highlights the importance of feminist pedagogy and feminist legal studies in reshaping legal education. By incorporating affective learning, lived experiences, and critical engagement, feminist pedagogy challenges male-dominated, rule-centric approaches to legal teaching. Additionally, the paper examines the constitutional and legislative recognition of women’s rights in India, including protective laws and progressive judicial interpretations, while acknowledging the persistent gap between legal norms and social realities. Overall, feminist jurisprudence is presented not merely as a critique of existing legal frameworks but as a constructive and dynamic movement aimed at reconstructing justice. It aspires to build an inclusive legal order that recognises diversity, promotes substantive equality, and ensures dignity and empowerment for women and marginalised groups.

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