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In what ways does feminist legal theory offer a more sophisticated critique of liberal legalism than other critical theories?
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In what ways does feminist legal theory offer a more sophisticated critique of liberal legalism than other critical theories? Liberalism arose out of the ashes of feudalism and matured through the rise of capitalism, as new demands of equality were demanded. In a nutshell, it comprises of three principal ideas: rationality, the maximisation of individual liberty and the control of governmental power through law. In stressing the primacy of individual liberty, it is assumed that individuals in society are gender, race, class and age neutral. Hence, liberalism is theorised by assuming the individuals in society are entirely equal and share the same characteristics. It is immediately apparent that society does not operate in this fashion. Liberalism similarly insists on the demarcation of the 'public' and 'private' spheres of life, where the State is justified in regulating the public sphere for the sake of public interest; and where the private sphere is...
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