Thursday, September 24, 2009

Feminists vs. Economics

Feminist Jurisprudence and Economic Analysis of Law are both good ways to look at the law although I agree with one more than the other. I can see why people like Feminist Jurisprudence, it aims to help out a group of people that have been oppressed over the years, not so much anymore but, I guess there are still some cases of it. While the best thing about Feminist Jurisprudence may also be the thing that turns me off the most. That fact that it is looking to help out one group of people while putting all other groups on the “back-burner” makes me question how well this theory would actually work. The fact that Feminist Jurisprudence excludes other groups seems contradictory to me. They are frustrated because the law makes them subordinate but they are not concerned about any other groups that the law makes insubordinate.

Economic Analysis of Law seems to make much more sense to me. While some people may not agree with Economic Analysis of Law because it can hurt people through Parteo Economics, in the long run I think that it helps more people than it hurts. If our society has been based somewhat upon Economic Analysis of Law than I believe it has been pretty successful. The fact the in the last 200 years we have become the richest country in the world shows how successful Economic Analysis of Law has been. While some will say the Economical Analysis of Law leads to greed, which may be true to an extent, it can been seen in our country that it can also give back much more than anyone else in the world.

2 comments:

  1. I agree that both models are quite valid in interpreting the law, however, I can't necessarily side with one more than the other; this in part is because I feel Feminist Jurisprudence is more than the promotion of women above all other groups. In fact, this model is more driven to get an equality of opportunity and rewards in the workplace and in other parts of society. For example, one of the fundamental keystones of this theory is "liberty equality", which assures that women will be provided the same equality as men. This is not to dismiss minorities from being equal as well,or so called "put them on the back burner" but rather that men and women, of any creed or color, should be warranted an equal subjection to law, and subsequently, the equal opportunity to prosper in society.

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  2. I feel that Female Jurisprudence will benefit more people than just females. Female Jurisprudence would release the burden on males to be the sole provider for the family. It also benefits our society having females in higher jobs will give society a new outlook and different perspective.

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