Feminist Legal Theory Beyond Neutrality

The paper explores the intersection of feminist legal theory and the concept of neutrality, addressing the challenges contemporary feminist legal scholarship faces in reconciling the ideal of gender or sexual neutrality with the realities of legal practice. It examines the evolution from liberal feminism, which emphasises sex-blind equality, to difference feminism, which highlights the importance of recognising and accommodating differences. Through a critical analysis of supposed ‘double binds’ confronting difference feminism, the paper investigates the implications of contextualising legal subjects within broader social and relational contexts. It also evaluates the interplay between feminist legal theory and other critical theories, particularly concerning class and race. By delving into current debates on legal subject conceptualisation, the role of psychoanalysis in feminist thought, and the advocacy for special rights for women, the paper aims to provide a nuanced understanding of how feminist strategies can navigate and potentially subvert entrenched stereotypes and power dynamics within the legal system.