Feminism and legal theory : analysing the gender implications of societal structures within the legal framework

Abstract

This work aims to shed light on the social construct of gender and the impact it has within the legal sphere. Since the integration of gender and law most often targets the concept of gender equality; the first chapter of this term paper identifies the successes feminist legal theorists have accomplished in this respect. Yet, gender bias has not been completely eradicated. This work highlights instances of gender bias within the legal framework, sustaining that there is still need for legal reform in this respect. The work first pays heed to the paradigm of gender stereotyping, and whether this has in fact affected the legal sector. In the second chapter, the author targets the characteristics of male and female offenders, and analyses the theory of masculinity and crime. The term paper further explores sufficient studies and statistics sustaining such theories in hopes of establishing a link between gender and crime. The third chapter focuses on gender-based violence and analyses the criminal offence of rape, through a comparative study of legal provisions. The results clearly show that in countries such as England, the law is blatantly prejudiced against the male gender while ascertaining that the female gender is the only possible victim of rape. The author highlights two points in this regard. Firstly, the law is clearly mistaken since English case law affirm that females are capable of committing rape. Secondly, the male gender is accused of being the only gender possible of such a violent crime, which is a result of gender stereotyping of masculinity. Consequentially, male victims of rape are not able to obtain justice through legal or judicial means; the supposed pillars of justice and fairness. This work concludes by proposing legal reform so as to eliminate any forms of gender bias, as well as local statistics establishing the prison population according to gender, bringing Malta in line with other EU countries.