| Special Workshop Title: | Law and Social Theory |
| Author: | Eva-Maria Svensson, Department of Law, University of Göteborg |
| Paper Title: | Jurisprudence and Knowledge—the Impacts of Feminist Legal Studies |
| Abstract: | In this article I use the
discipline Studies of Academic
Knowledge to analyse different approaches in legal studies and to
show the contribution offered by feminist legal studies. By
problematising the notion of knowledge, and by using the concepts knowing-how
and knowing-that, I will
compare different approaches in jurisprudence and bring them closer to
each other. Furthermore, the purpose is to deal with increased
value-based and political legislation.
Feminist legal studies have been a critical force in legal education, legislation, in legal dogmatics and in jurisprudence. This has been possible through its openness towards both the reality and other scientific theories and disciplines. One important characteristic is the willingness to transcend the boundaries of the positive law and the theories supporting them. A critical perspective knows of no borders as those held by legal dogmatics and feminist legal studies has, as well as other contemporary critical perspectives, challenged the perspective of legal dogmatics for a period of more than thirty years. This challenge has resulted in changes in jurisprudence in several aspects. The basic assumptions for jurisprudence have been criticised, but, what is more, made visible in a greater extent than earlier. The critique coming from feminist legal studies, and other critical perspectives, makes the implicit become explicit. Recognition and reflection are the methods to reach the aim of making invisible assumptions visible. The method and the kind of knowledge obtained are useful for law’s and jurisprudence ability to meet other changes in the world as well. Changes in the world, in law and in jurisprudence today, pose other questions and expectations on both the legal norms themselves and on the science about them. The purpose of this article is to discuss the presumptions and boundaries from different perspectives. Furthermore, the purpose is also to make law and jurisprudence better prepared for the contemporary challenges of for example more use of values in legislation, often thought of as social or political and, what is more, often contradictory. Values such as equality, sustainability and the best interest of the child require other tools than legal dogmatics offer. The implications on jurisprudence are related to what kind of knowledge ought to be taught and to what sources of knowledge can be used. Feminist legal studies can offer various experience and knowledge how to deal with this kind of issues. |
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