Abstract

In theory and philosophy of law, or as one can say, in jurisprudence, the dispute about the nature of the law has existed for ages. Traditionally, the axis of the dispute was denoted by advocates of natural law and legal positivism. One of the challenges to traditional conceptions of law is the Feminist Legal Theory. Probably, gender will be an important axis of social division. However, we must agree that it w i l l be not only, or even necessarily, the most substantial factor. There are many elements of structural social differentiation. Although the direction of feminist legal theories development is not determined and most non-feminist legal theories adopteither an internal or an extemal critique, feminist legal theories try to occupy a third perspective: the interpretative one. It means that feminism does not engage in entirely extemal critiques and prescriptions; it typically does not seek to rationalize legal practices. Feminist jurisprudence aspire to produce an account of legal practices which have a particularly intimate relevance to theory. Any clear-cut separation between theory and practices is rejected.