The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Symposium: Perspectives on Gender and Law
Relational Approach and Legal Theory
From Viewpoints of Gender Equality and Violence
Yayo Okano
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JOURNAL OPEN ACCESS

2016 Volume 2016 Issue 82 Pages 22-39

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Abstract
The purpose of this paper is to explore where the potentiality of feminist legal theory exists by regarding the ethics of care as a relational approach to social and human affairs. The first section rereads C. Gilligan’s masterpiece, In a Different Voice and shows how Gilligan criticizes radically the male-oriented perspectives of social reality. The second section focuses on J. Nedelsky’s Law’s Relations where Nedelsky argues how law and rights structure social conceptions as well as social institutions and relations. Her relational approach to law and rights is based on her critique of “private property model” of rights. “Private property model,” that is, the typical model of liberal understanding of rights cannot properly respond to violence against women. How should individual cases of violence be considered as a moment to transform our society by using a relational approach to law? The paper concludes to argue that this question shows us the theoretical potentiality of a relational approach.
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2016 The Japanese Association of Sociology of Law
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