Rethinking the subject of postmodern feminist legal theory: Towards a feminist Foucaultian jurisprudence

This article discusses the contemporary problem of postmodern feminist legal theory. Through a schematic history of the twin 'subjects' of feminist legal theory (the subject of law, i.e. 'woman', and the subject of critique, i.e. 'law'), the article argues that feminist legal theory is characterised, even constituted, by successive re-conceptualisations of these two inter-related subjects. The article argues that in order to overcome certain perceived methodological problems inherent in the notion of 'postmodern feminist legal theory', further critique and re-conceptualisation of these subjects is called for. The article closes by proposing ways in which a Foucaultian-inspired feminist jurisprudence could contribute to this project.