법의 가부장성에 관한 고찰: 미국의 페미니스트 법이론을 중심으로

Women have not been treated equally as humans in society for a long time. They have historically suffered legal inequalities by being deprived of economic and political rights. Hereinafter the feminist legal theory has evolved towards equality against unjust discrimination against women. It is important to guarantee equality through the law because equality can be more strongly and effectively guaranteed through legislation which prevents against discrimination. To accomplish this legislation of equality, there has been a long history of women's movements and struggles. However, despite these achievements through legislation of women’s equal rights, these laws do not specifically consider the actual political and economic reality of women, which is still inherent in law itself. In other words, there is a patriarchal nature in law and its application which represents male-dominance. Under these circumstances, there are possibilities that the law can even facilitate and assist in the exploitation of women. In the everyday life of women, even under the law, women must fight against the patriarchal system which exists in everyday life as well as law and its application. Considering the development and direction of feminist legal theory, the continuing struggle for the legal equality, discrimination, and reflection of social reality of law and the application of law is not only for women but also for the mutual respect of both women and men. To do that, efforts should be continued to achieve equality and human rights.