Cristina García Pascual

Emancipation without Autonomy

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Abstract

When looking at gender relations there is something that escapes us. Decades of democracy, people educated in freedom, economic progress or even the expansion of globalization do not have yet led us to a society of equals or to gender relations without violence. A post-marxist perspective is the platform from which Catharine MacKinnon as a lawyer seeks to understand and explain the contexts of sexual inequality. Her writings detail us the reality of women's subordination. At the same time she says that their emancipation is not something that will be brought by more modern times, or that will accompany economic progress and cultural development. It will instead require struggle and a forceful intervention of the law. But for law's intervention to be truly effective legal concepts such as privacy, freedom of speech, autonomy and morality must be reconceptualized or relativized. And we would have to assess whether the price of emancipation won't be too high.

Keywords

  • Feminist Legal Theory
  • Autonomy
  • Equality
  • Private and Public Space

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