Objectivist epistemology is the law of law. It ensures that the law will most reinforce existing
distributions of power when it most closely adheres to its own highest ideal of fairness. Like the science it
emulates, this epistemological stance can not see the social specificity of reflection as method or its
choice to embrace that which it reflects. Such law not only reflects a society in which men rule women; it
rules in a male way.?
Taken from Catherine MacKinnon,
Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence,? at 645.
Critically evaluate the above statement regarding the ?maleness? of law in order to either critique or
endorse MacKinnon?s radical feminism. You must justify your answer.
The victory ? means the gradual withering away of the legal form altogether.
[Following from] ? the withering away of private-law aspects of the legal superstructure and, finally, the
progressive dissolution of the legal superstructure itself ? only then shall we be able to say that we have
clarified at least one aspect of the process of building the future
Taken from Evgeny Pashukanis,
Law and Marxism: A General Theory, 132, 133.
Analyse and critique Pashukanis? theory which presents law as inevitably bourgeois.
You must justify your answer.
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