RESPONSE TO EQUALITY APROACH TO FEMINIST LEGAL THEORY

BY MARTHA FINEMAN

Martha Albertson Fineman in this article widely speaks about feminism. Not only
widely but also deeper involving what is correct feminism and what is being fashioned
in society. Introduction phase explains how women were excluded from legal and social
activities. Then the progression happens slowly with Florence Kelly and the people of
National consumers league. Nowadays women get to work in professorships, practice
law and be an honourable judge. It seems to be the theory of differences between men
and women is very vital to open up the ideas and plans especially designed for men
from past. The clear thought of which kind of equality we should go for is given. i.e.
equality in treatment, equality in result etc. The term equality has been changed as
"sameness in treatment." "the unequal and inequitable position of women can only be
addressed through pervasive recognition and, perhaps, legal accommodation of
differences." these words should be quoted directly as they mean the prevailing situation
even in our country for which women activists and feminists fight with the masses.
Material, psychological, physical, social and cultural experiences of "Gendered life" is
a fascinating concept derived by the author, Martha Fineman. The second part stated
from the judgement of Judge Robert R. Beezer's in Ellison, "Because women are
disproportionately victims of rape and sexual assault, women have a stronger incentive
to be concerned with sexual behaviour .... Men, who are rarely victims of sexual assault,
may view sexual conduct in a vacuum without a full appreciation of the social setting
or the underlying threat of violence that a woman may perceive." seems also very
relevant to the threats and disappointments we see in our country. When we speak of
the equal rights for women with a single woman, a whole community may also deny.
From this article we can get that the perception of a women enters the law to make an
equality among the men and women differences. Author's these words "Thus, we are
either in a group, a cluster, or as an individual-reduced to multiple categories and
divided from each other.' The politics and implications of these discourses seem
problematic." makes us to think the bigger motive of feminism may sometime leads still
more wider research and development in defining concepts. Women rights or feminism
should not affect the path that a tradition follower by a society from its earlier time gets
collapsed or deviated from its way. There are subject like age, physical characteristics,
religion, marital status, the level of male identification birth order, motherhood,
intelligence which are observed carefully in formulation of feminist concepts for a mass
legally. Martha Fineman's concept of gendered experience on a whole brings a mixture
of the women being parts in the legal and social activities with their rights given to them
and also to hold the traditional responsibilities following from earlier as a culture over
them. This article at last is a guide to the people who enters and pursues the ideology of
feminism and women rights.