FEMINIST Flashcards
Status of women in pre-colonial PH
Women enjoyed a high social standing, e.g., Babaylan
Timeline of the status of women in Peri-Spain Rule
- Only in 1781 were women allowed to get employment in government-owned tabacco factories
- Only in 1863 were women allowed to study, but only limited to motherhood or religious life
- Only in 1888 were women allowed to ** learn Spanish** following the petition of the women of Malolos
- Only in 1894 were they allowed to be admitted to teaching careers
- Only in 1896 were they involved in the liberation of the country
Timeline of the status of women in Peri-American Rule
- The University System allowed women to get education
- In 1917, allowed absolute divorce if there was adultery or concubinage
- In 1935, allowed women **to **vote, and to run for public office [on the condition that not less than 300,000 women shall vote]
Timeline of the status of women in Peri-Japanese Rule
More liberal divorce law passed, added more grounds for divorce
Five instances where the present oppress women
- Age of consent
- Women needed the consent of parents to leave the family home, unless she became a wife
- Cannot accept gifts, if married, without the consent of the husband
- The husband can object to the wife’s practice of profession
- Right of the father to give or deny consent for marriage
Three strands of feminist thought
- First
- Second
- Third
Five schools of thought
- Liberal
- Radical
- Socialist
- Conservative
Deals with how the law impacts practical and concrete circumstances of women
Feminist jurisprudence
Premise of feminist jurisprudence
Patriarchyinfuses the legal system and all its workings, and that this is an unacceptable state of affairs
“Feminist jurisprudence asks what is implied in traditional categories, distinctions, or concepts and rejects them if they imply the subordination of women.”
Patricia Smith
T/F. Feminist jurisprudence is an empirical approach
False. Normative
Questions posed by feminist jurisprudence
- What is the meaning of harm, especially in a world in which women, not men, are subjected by men to certain kinds of violence?
- How can adjudication of conflict be properly and fairly achieved, especially when not all persons are able to come to the adjudication process on a “level playing field”?
- What is the meaning of property, and how can women avoid being categorized as property?
- Is law the best and most appropriate channel for the resolution of conflict, especially given its traditional grounding in patriarchal goals and structures?
T/F. Equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.
True. See Garcia v. Drilon
T/F. The unequal power relationship between women and men; the fact that women are more likely than men to be victims of violence; and the widespread gender bias and prejudice against women all make for real differences justifying the classification under the law.
True
T/F. From the initial report to the police through prosecution, trial, and sentencing, **crimes against women are often treated differently and less seriously **than other crimes
True