The Transformation and Challenges of the Legal Paradigms from the Perspective of Feminist Politics of Equality
With the advent of the pluralism era,the social-welfare and liberal paradigms of law become unable to adapt to the current complex and changing social situations,with the zero-sum game between private and public autonomy,and the con-flict between legal and factual equality being increasingly obvious. In this context,Habermas attempted to address the legitimacy of law by constructing a procedural legal paradigm to provide a public sphere for negotiation of related rights and equality issues. However,from the perspective of feminist critical theorists,the feminist potential of the public sphere has been erased by Haber-mas's universalism presupposition,and the unconscious oppression of marginal groups caused by structural inequality has not been included in Habermas's consideration. Therefore,it remains to be debated whether a dialogue aiming to reach understanding can be free from the intervention of discourse hegemony and truly realize the autonomy of each individual.
transformation of legal paradigmsprocedural legal paradigmpublic spherefeminism
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