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Alternative title:

(Im)mutability of the Paradigm in Legal Dogmatics in the Light of Postmodern Legal Feminism Theses



Subject and Keywords:

paradigm   postmodern legal feminism   feminist jurisprudence   Frug, Mary Joe   Kuhn, Thomas Samuel   Popper, Karl   Lakatos, Imre


The article combines a critical insight to the issue of a paradigm in legal doctrine with assumptions of postmodern legal feminism. The starting point for the undertaken reflections is the analysis of concept of paradigm in Thomas S. Kuhn’s theory and the alternative vision of scientific progress presented by Karl Popper. It served as a basis to put forward the thesis about the existence of paradigms on the ground of legal doctrine – it can be considered that the rules of exegesis and the theoretical construct of rational legislator fulfil the criteria of paradigms. According to postmodern legal feminism theses, those automatically applied paradigms make it impossible to see that law is tilted towards men’s favor not only in thoseareas where it is clearly visible, but also in a silent way, adopting the male perspective as the norm. The remedy to it and, at the same time de lege lata postulate, would be an inclusion of two additional interpretative directives proposed by Mary Joe Frug, which, by revealing hidden meanings embedded in legal provisions, would make it possible to achieve real gender equality. Those directives have no revolutionary or falsification potential, hence the concept of Imre Lakatos’ research programmes appears to be more appropriate to describe their role in the legal doctrine.

Place of publishing:



E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

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ISSN 2450-3932





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Folia Iuridica Wratislaviensis

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Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdal