Past Exam Papers

Jurisprudence and Legal Theory – Feminism

Udara Soysa, Attorney-at-Law, BA(Hons), LLB(Hons), PGDHR, MPA(Colombo)
Tel: 077-3235418/E-mail: udara2004@gmail.com
………………………………………………………………………………………………………

2022 Zone B
Question 12
‘The power of feminist legal theories lies in their potential to highlight law’s structural bias
against women.’ Discuss.
General remarks
The question seeks to elicit student knowledge of feminist legal theories (FLT). Answers need to
show how FLT has been successful or not in demonstrating law’s inherently discriminatory
effect on women. Candidates could analyze the varieties of feminist thought in law. There needs
to be engagement with arguments that law and the state reflect and reinforce male power
institutionally, spelling out what these concepts mean and what theorists have said about this.
Law cases, reports and other references the examiners would expect you to use.
The Study Guide chapter on feminist legal theories.
Common errors
Common errors included writing too generally about feminism. It is fine to draw upon popular
feminism and examples of women’s oppression in the media/ journalism etc but this needs to be
done by reference to substantive legal texts contained in the Study Guide.
A good answer to this question would…
Clearly engage with, and answer, the specific question asked, with application to examples from
the recent past and current affairs. Many answers were enriched when credible source materials
from the Study Guide materials were interconnected to these.
Poor answers to this question…
Set out a very general description of some aspects of feminism or women’s oppression with little
reference to jurisprudence
2022 Zone A
Question 11
Critically evaluate the claim that feminist legal theories fail to take seriously the differences
amongst women.
General remarks
The question refers to differences among women but many answers simply wrote about different
feminist legal theories (FLTs). We were looking for a critical engagement focusing on whether
FLTs assist white, propertied, middle class or Western women (for example) more than other
women or even to their detriment. Students could analyse the different genres of feminist thought
in law to show what FLTs say about women’s oppression within the legal system. Does this
apply to all women? Do FLT scholars address differences among women adequately?
Law cases, reports and other references the examiners would expect you to use
The module guide chapter on feminist legal theory and the materials within it. Common errors
Common errors comprised writing too generally about feminism, including setting out popular
feminism in journalist works or popular books rather than by reference to substantive legal texts
referenced in the module guide.
A good answer to this question would… clearly engage with, and answer, the specific question
asked. References to current examples can be used to enrich answers (Black Lives Matter for
example) when credible source materials from the module guide materials were interconnected
to these.
Poor answers to this question… set out a very general description of some aspects of feminism
or women’s oppression.
2019 Zone B
Question 2
‘Feminist legal theories cannot assist our evaluation of the set case.’ Discuss.
General remarks
As the set case relates to a transgender woman, sexuality, fatherhood, freedom of religion,
students need to explicitly show how feminist legal theories assist (or not) in evaluating and
analysing the set case. As the overarching themes could be condensed into equality and freedom,
students could set out what feminist legal theories seek to do – highlight law’s upholding of
patriarchy in some sense and thus oppress or at least reduce women’s freedom or autonomy. Yet
certain feminist legal theory shows law’s potential to be used as a tool to dismantle this. How to
address a variety of standpoints? Is there a conflict between freedom and equality for the father
and that of the mother? Is there a conflict between individual and community rights? What about
freedom of religion and freedom and equality of sexuality? These are not easy issues to resolve.
However, students need to highlight that these are issues that feminists regularly grapple with in
their engagement with law.
There are many ways to answer this question well and there was much scope for students to
demonstrate clever usage of materials and arguments relating to these themes. As always, in
introductions, it was open to students to set out how they approached the question and to clearly
set out the structure they used to answer it. Some students set out briefly the different forms of
feminism then focused more extensively on liberal feminism, allowing free choice in a more
equal world and how this could be related to the facts and reasoning in the case of the father.
Radical feminism and ethic of care feminism were referenced as relating to the arguable
voicelessness of the mother in this case and society’s apparent need for binary choices of
sex/gender at all.
Law cases, reports and other references the examiners would expect you to use
The set case and some other case law referred to within its judgment. The purpose of the exercise
is not a case review. Any of the materials relevant from the chapter on feminist legal theory in
the module guide.
Common errors
As is often the situation when answering feminist questions in general in jurisprudence, some
students did not demonstrate a rigorous enough approach to the nuances within feminist legal
theories or directly relate these to interlink the theories to the set case. There was a tendency to
be too general in describing different types of feminisms without adequate analysis or any
attempt to link these to all of the actors involved in the set case, and the ‘big themes’ of equality,
power, freedom, individual rights and the community, religious or otherwise.
A good answer to this question would… explain that this is a complex case with many issues
and rights that are not easily reconciled. They would argue that feminist legal theories relate to a
variety of areas of law and life which concern power, freedom and law’s regulation of private
lives, and how these are applied when a minority community may not necessarily conform to the
traditional standards of the majority of the population. They would appreciate the subtlety of the
issues involved in answering the question well. Good answers also covered the role law plays in
enabling or protecting any rights, and balancing of these, and whether there is agreement or not
that the set case was correctly decided.
Poor answers to this question… provided an outline of the facts of the case with a paragraph
about feminism in somewhat general terms without clear focus on the question asked.

Question 6
Is there a revival in feminism globally at the moment? How does this relate to feminist legal
theory? Please provide some examples from current affairs when answering this question.
General remarks
Students were not permitted to answer this question and Question 3. Students needed to clarify
and define what feminist legal theory is. They then needed to explain what is relevantly
happening globally at the moment in terms of women’s rights and issues: such as the #MeToo
movement. They needed to relate the two to each other. They should explain the different types
of feminist legal theory, and different political orientations of activism globally, their different
constituent audiences and campaigners, etc. All the time students should be explaining how this
relates to law, legal theory and the regulation of behaviour: bringing into the discussion law’s
power, authority, the way it ignores or fails to address the concerns of oppression, dominance,
power, patriarchy; and the problems with the structure of law which sustain this dominance, etc.
all according to many feminists working in law.
Law cases, reports and other references the examiners would expect you to use.
Any of the relevant resources from Chapter 13 of the module guide and current affairs examples.
Common errors
Failure to engage with the materials other than mechanically describing different feminist
theories or talking too generally about current affairs was a common error.
A good answer to this question would… consider in depth the relationship between liberal
law’s claim to be neutral, objective and impartial, and how MacKinnon, for example, argues that
when law does this, it is most male. Answers could also have analysed MacKinnon’s comparison
between sexism and patriarchy with work and Marxism; with male power in the workplace, the
silencing of women’s complaints and voices when they spoke up concerning harassment in the
past. Examples could be brought in of non-disclosure agreements and the way women are
arguably treated in different contexts: e.g. in a hostess situation compared to in a legal meeting.
Best answers took a position at the outset and tried to consistently and coherently argue it
throughout their answer backed up by the many authorities referred to in the module guide.
Examples were also provided in blogs available on the VLE and reference could be made to
these, as well as relevant examples from current affairs, in a legally rigorous manner.
Poor answers to this question… listed different feminist theories, sometimes inaccurately with
incorrect attribution and failed to focus on answering the question asked.
Student extract
…These cases reinforced what is known as the ‘whore stigma’ that ‘bad girls’ are not worthy of
the protection by law while ‘good girls’ are. No means no and marital rape is not an exception…
What this reflects as a whole is that women are still as objectified as ever. No matter which
school one ascribes to, feminism is required to raise awareness… Women’s March 2017,
#MeToo movements and #TimesUp are only the…
Comments on extract
This essay obtained a strong First. It engaged with the issues in a passionate and evocative way,
while backing up all arguments with proper credible evidence.
2019 Zone A
Question 2
In what ways can feminist legal theories assist our evaluation of the set case?
General remarks
As the set case relates to a transgender woman, sexuality, fatherhood, freedom of religion,
students need to explicitly show how feminist legal theories assist (or not) in evaluating and
analysing the set case. As the overarching themes could be condensed into equality and freedom,
students could set out what feminist legal theories seek to do – highlight law’s upholding of
patriarchy in some sense and thus oppress or at least reduce women’s freedom or autonomy. Yet
certain feminist legal theory shows law’s potential to be used as a tool to dismantle this. How to
address a variety of standpoints? Is there a conflict between freedom and equality for the father
and that of the mother? Is there a conflict between individual and community rights? What about
freedom of religion and freedom and equality of sexuality? These are not easy issues to resolve.
However, students need to highlight that these are issues that feminists regularly grapple with in
their engagement with law. There are many ways to answer this question well and there was
much scope for students to demonstrate clever usage of materials and arguments relating to these
themes.
As always, in introductions, it was open to students to set out how they approached the question
and to clearly set out the structure they used to answer it. Some students set out briefly the
different forms of feminism then focused more extensively on liberal feminism, allowing free
choice in a more equal world and how this could be related to the facts and reasoning in the case
of the father. Radical feminism and ethic of care feminism were referenced as relating to the
arguable voicelessness of the mother in this case and society’s apparent need for binary choices
of sex/gender at all.
Law cases, reports and other references the examiners would expect you to use
The set case and some other case law referred to within its judgment. The purpose of the exercise
is not a case review. Any of the materials relevant from the chapter on feminist legal theory in
the module guide.
Common errors
As is often the situation when answering feminist questions in general in jurisprudence, some
students did not demonstrate a rigorous enough approach to the nuances within feminist legal
theories or directly relate these to interlink the theories to the set case. There was a tendency to
be too general in describing different types of feminisms without adequate analysis or any
attempt to link these to all of the actors involved in the set case, and the ‘big themes’ of equality,
power, freedom, individual rights and the community, religious or otherwise.
A good answer to this question would… explain that this is a complex case with many issues
and rights that are not easily reconciled. They would argue that feminist legal theories relate to a
variety of areas of law and life which concern power, freedom and law’s regulation of private
lives, and how these are applied when a minority community may not necessarily conform to the
traditional standards of the majority of the population. They would appreciate the subtlety of the
issues involved in answering the question well. Good answers also covered the role law plays in
enabling or protecting any rights, and balancing of these, and whether there is agreement or not
that the set case was correctly decided.
Poor answers to this question… provided an outline of the facts of the case with a paragraph
about feminism in somewhat general terms without clear focus on the question asked.

Question 5
You are NOT permitted to answer this question if you answer Question 2. It is often argued
that feminist legal theories offer compelling critiques of law but fail to offer coherent
solutions for law reform. To what extent do you agree with this argument?
General remarks
Students were not permitted to answer this question and Q2. Students needed to clarify and
define what feminist legal theories (FLT) are. They could argue that FLT are effective and have
worth in criticising the structure of law. Choices could be made of a particular type of feminist
legal theory that is more effective (NB you do not need to personally believe this, you are
arguing a position in an essay). It could then be argued that this type of theory feminism in law
does provide solutions and other do not or why one is good and the others are not, etc. However,
a number of feminists working in law disagree about legal solutions and law reform and its
consequences. Therefore, are the solutions coherent?
There are many ways to approach answering this question and as long as students have a clear
introduction explaining this, that is acceptable. Examples of current affairs and activist work
could be utilised. In any answer, engagement was required with different types of feminist legal
theory, their relationship with existing law, legal theory and the regulation of behaviour: bringing
into the discussion law’s power, authority, the way it ignores or fails to address the concerns of
oppression, dominance, power, patriarchy and the actual lives of women and girls globally; and
the problems with the structure of law that sustain this dominance, etc., all according to many
feminists working in law.
Law cases, reports and other references the examiners would expect you to use
Any of the relevant resources from the feminist legal theory chapter in the module guide. Links
can be made to any other theorists – for example, Dworkin, Raz, as long as there is no
substantive overlap in the exam paper answers of that student.
Common errors
Failure to engage with the materials other than mechanically describing different feminist
theories or talking too generally about current affairs.
A good answer to this question would… consider in depth the relationship between liberal
law’s claim to be neutral, objective and impartial, and how certain feminists, for example,
radicals like MacKinnon argue that when law does this, it is most male. Answers could also have
analysed MacKinnon’s comparison between sexism and patriarchy with work and Marxism; with
male power in the workplace, the silencing of women’s complaints and voices when they spoke
up concerning harassment in the past. Examples could be brought in of non-disclosure
agreements and the way women are arguably treated in different contexts: for example in a
hostess situation compared to in a legal meeting. Can the law address the problems women face
on a day-to-day basis globally with ‘simple’ legal solutions that can somehow fit all or are local,
national, regional and culturally specific solutions better? Best answers took a position at the
outset and tried to consistently and coherently argue it throughout their answer backed up by the
many authorities referred to in the module guide. Examples were also provided in blogs available
on the VLE and reference could be made to these, as well as relevant examples from current
affairs, in a legally rigorous manner.
Poor answers to this question… listed different feminist theories, sometimes inaccurately with
incorrect attribution and failed to focus on answering the question asked.
2018 Zone B
Question 3
As the set case concerns sexual practices of a group of gay men, how can it be argued that
any feminist legal theory is relevant in its analysis?
General remarks
This was not commonly answered. Answers needed to show intelligent reflection on the idea that
as the set case does not concern women, as such, it is not a feminist issue. Good answers
demonstrated this is too simplistic an approach and that feminist legal theory can be related and
connected to many areas of law and life that concern power, freedom and the law’s regulation of
private lives, which may not necessarily conform to the traditional standards of the majority.
There are many ways to answer such a question and there was much scope for students to
demonstrate clever usage of materials and arguments relating to these themes. As always, in
introductions, it was open to students to set out how they approached the question and to clearly
set out the structure they used to answer it. Some students set out briefly the different forms of
feminism, then focused more extensively on liberal feminism, seeking expansive interpretations
of free choice in a more equal world, and how this could be related to the facts and reasoning in
the case.
Law cases, reports and other references the examiners would expect you to use
The set case and some other case law referred to within its judgment. Any of the materials
relevant from the chapter on feminist legal theory in the module guide.
Common errors
Some students did not demonstrate clearly enough the interconnection between the facts of the
case and answering the question. There was a tendency to be too general in describing different
types of feminisms without adequate analysis linking these to consent and coercion, vulnerability
and power and explanations of the relevance or not of these to the reasoning in the case.
A good answer to this question would… demonstrate engagement with the subtlety of the
issues involved in answering the question well. While the case concerned gay men, there were
many opportunities for students to discuss issues argued by feminists to be of great importance,
including relationships, privacy, sex lives, what free choice and consent mean, what we can
consent to, bodily autonomy, respect, and vulnerability. Good answers did this. They also
covered the role law plays in enabling or protecting any rights in these areas. Reference was
made to the other case law, including that of branding within heterosexual marriage and any
distinctions that were or ought to have been made in the case.
Poor answers to this question… provided an outline of the facts of the case with a paragraph
about feminism in somewhat general terms without clear focus on the question asked.
2018 Zone A
Question 6
‘Feminist legal theory has effectively shown the problems with law for girls and women.
However, it provides no coherent solutions.’ Discuss.
General remarks
Students were not permitted to answer this question and Question 3. Students needed to clarify
and define what feminist legal theory (FLT) is. They could argue that FLT is effective and has
worth in criticising the structure of law – using any variety of FLT – e.g. radical feminism in
law. It could then be argued that radical feminism in law does provide solutions (examples of
MacKinnon and Andrea Dworkin’s law reforms could be used as examples). However, a number
of feminists working in law disagree about these and the consequences. Therefore, are the
solutions coherent? There are many ways to approach answering this question and as long as
students have a clear introduction explaining this, that is acceptable. Examples of current affairs
and activist work could be utilised. In any answer, engagement was required with different types
of FLT, their relationship with existing law, legal theory and the regulation of behaviour:
bringing into the discussion law’s power, authority, the way it ignores or fails to address the
concerns of oppression, dominance, power, patriarchy; and the problems with the structure of
law which sustain this dominance, etc. all according to many feminists working in law.
Law cases, reports and other references the examiners would expect you to use
Any of the relevant resources from Chapter 13 of the module guide. Links can be made to any
other theorists – e.g. Dworkin, Raz, so long as there is no substantive overlap in the exam paper
answers of that student.
Common errors
Failure to engage with the materials other than mechanically describing different feminist
theories or talking too generally about current affairs was a common error.
A good answer to this question would… consider in depth the relationship between liberal
law’s claim to be neutral, objective and impartial, and how MacKinnon, for example, argues that
when law does this, it is most male. Answers could also have analysed MacKinnon’s comparison
between sexism and patriarchy with work and Marxism; with male power in the workplace, the
silencing of women’s complaints and voices when they spoke up concerning harassment in the
past. Examples could be brought in of non-disclosure agreements and the way women are
arguably treated in different contexts: e.g. in a hostess situation compared to in a legal meeting.
Can the law address the problems women face on a day-to-day basis globally with ‘simple’ legal
solutions that can somehow fit all? Best answers took a position at the outset and tried to
consistently and coherently argue it throughout their answer backed up by the many authorities
referred to in the module guide. Examples were also provided in blogs available on the VLE and
reference could be made to these, as well as relevant examples from current affairs, in a legally
rigorous manner.
Poor answers to this question… listed different feminist theories, sometimes inaccurately with
incorrect attribution and failed to focus on answering the question asked.