Postmodernism And Feminism

Varsha Patel

Student Number: 35167831

LJU4802

Assignment One

Unique Number: 743249

Due Date: 5 September 2016

Submission Date: 4 September Introduction

Ethics is an enduring evolution of values determining the moral imperative in indeterminate circumstances. Legal ethics generally studies the interplay of the law and principles and specifically stipulates the minimum behavioral norms expected from attorneys and advocates. An enquiry into the archetypical attorney may employ various perspectives however this essay introduces postmodernism, difference feminism and focuses on the impact of feminist ethics and feminisation of the law on legal ethics and development.

While modernism sought meaning in the wake of the futility of religion

Thus the feminist ideology contributed to the recognition of women’s rights.

Menkel-Meadow suggests females in the legal profession have increased the protection of women’s rights to privacy and equality, made advances in counteracting the argument of consensus in rape cases and led to the recognition of sexual harassment, achieving a greater awareness of women’s issues and rights. Females in the legal profession are increasingly engaging with typical legal issues such as labour law and finance.

The presence of any voice, subordinate, different to the predominant voice will increase the viewpoints and deepen the understanding of legal issues, ultimately advancing the law. This is the basis of the constitutional right to freedom of expression which expedites the search for optimum notions by allowing expression and debate of contending ideas until the winning solution becomes apparent. Thus while woman’s difference and feminist legal ethics do contribute to the production of alternative legal theories, the rationale is only secondarily gender-related and primarily flows from the inclusive Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution) which gives all a right to freedom of expression and advocates

The predominant source of the care ethic is thus the influence of the Constitution on South African law and culture rather than increased women in the legal profession or any genderisation of the law. The law gives effect to constitutional equality rights by regarding the father and mother of a child uniformly capable of caring for their child. A temporary award of rehabilitative maintenance enables women to become financially self-sufficient subsequent to a divorce. South African law acknowledges that fathers can mother their children and mothers can financially support their children. Thus the law is countering and equalising any genderisation reminiscent of stereotypes which is less relevant in the constitutional