GLUP 4074 JURISPRUDENCE

GLUP 4074 JURISPRUDENCE

Dr. Mohamad Hassan Ahmad

Conclusion

In a nutshell, I believe human should be treated equally; but still there is extend to it, in terms of gender for example, man and women have their own differences in terms of biologically and physically. Of course they need each other and both are equally important, but in reality, we need to consider the capability of women, which sometimes is limited. To limit the right of women might look like sexist but in practical sense, it is inevitable to do so.

I did not see the difference between men and women as a weakness but as something to be celebrated. Pregnancy and child birth are matters of celebration that only woman can do, not something which is dread and despair, and it is a duty for man to help and protect woman in many circumstances due to woman physical incapability in certain things. In Islam for example, there is false perception that say it is unfair for a wife to fully submit herself to her husband but it needs to be clear that a son will always belong to her mother. It is pretty similar with give and take concept. No one is above the other.

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Ellison v. Brady ,

it is a landmark sexual harassment case that set the "Reasonable Woman" standard which later called the "Reasonable Worker" standard

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PLATFORMS

In this case, the efforts done by feminist scholar for years finally gets the recognition by the federal courts: women may see things differently from men

The Professional Life of

Law is male

Donoghue v Stevenson, the famous Negligence case, why the term reasonable man test come into existence instead of reasonable women test.

This is because this "man" was considered as a proposed creature whose hypothetical action, inaction or reaction in any situation was the law's standard of reasonable conducts for real people in similar circumstances. The gender-biased term man has been replaced by person in the name for this test, which might seem to resolve the problem

Feminism in Islam

Multiracial Feminism

Islam envisages their roles in society not as competing but as complimentary

Cultural Feminism

1) a woman in a traditional Islamic society does not have to worry about earning a living.

Wan Amir Azlan Bin Wan Haniff

Alia Aisya Binti Mohammad Shahran

Nur Shazrini Shamidi

Each person experiences gender, sexuality, class, and race unique accordingly to their specific environment

For instance, an African-American woman faces a completely different set of challenges than an Asian-American woman; while both women’s fears are equal in significance to the progression toward equality; the movement fails to acknowledge the diversity of hardships and their necessity for flexible, viable solutions.

There is no doubt that there are essential differences between men and women, but still, women’s differences should be celebrated. There is an attempt to recover lost or marginalized women’s works and traditions and create a culture that nurtures and supports women’s experiences.

Eedc v Sears, where Sears successfully argued that women were unrepresented in higher paying commission sales jobs because women ‘lacked’ interest in sales, not because Sears was discriminating them. Gilligan was cited in expert testimony to support Sear’s argument that women have different career aspirations to men make them less interested in high powered jobs.

2) Unlike man, woman does not have to find her mate for herself

3) The Muslim woman is exempted from military and political responsibility

FEMINISM

Definition of Feminism

THEORETICAL PERSPECTIVES OF FEMINISM

Marxist Feminism

According to Cambridge Dictionary, feminism could be defined as the belief that women should be allowed the same rights, power, and opportunities as men and be treated in the same way, or the set of activities intended to achieve this state

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Focused on investigating and explaining the ways in which women are oppressed through systems of capitalism and private property.

According to Marxist feminists, women's liberation can only be achieved through a radical restructuring of the current capitalist economy, in which much of women's labor is uncompensated

Charlotte Perkins Gilman projected that conditions for women would improve when their work was located, recognized, and valued in the public sphere

Liberal feminism

Concern itself largely with matters such as opportunities and equal rights and the extension and strengthening of constitutional rights for American women. The examples that could be seen are the rights to vote, citizenship, and entrance into universities.

The school also emphasizes the concept of women as autonomous members of society; its theorists have expressed much sympathy with the need to liberate women from the private domestic sphere so as to expand opportunities for them in other areas of social endeavor.

Christine Littleton defines feminist jurisprudence as including all attempts to explain, critique, and change law on behalf of, and from the perspective of, women .

Socialist Feminsim

Katherine Barlett defines it as ‘a family of different perspectives or frameworks used to analyze the actual, and the desirable, relationship between law and gender .

Socialist feminists proclaim that women are unable to be free due to their financial dependence on males in society. Women are subjects to the male rulers in capitalism due to an uneven balance in wealth

The example is like a secretary that marries her boss assumes his class status