LEGAL IMPLICATION OF THE DIFFERENCE THEORY OF LAW AND GENDER IN THE FEMINIST JURISPRUDENCE

Abstract

Formal equality assumes a basic sameness between men and women and the obligation of law to respect that sameness. substantive equality assumes some meaningful differences, and seeks to eliminate the disadvantages of those through various legal strategies. Non-subordination theory treats sameness and difference both as artificial constructs, designed to keep women in their place. Difference theory underscores important difference between women and men. Unlike substantive equality, however, difference theory sees at least some of these differences not as problems to be overcome but rather as potentially valuable resources that might provide a better model for legal and social institutions that do make characteristics and values. Therefore, the aim of this article was to examine the ethic of care and its legal implications, work and family, women in the justice system the challenges in the implementation of difference theory and the solutions to these challenges. The research methodology was doctrinal approach, using expository and analytical research design. The main sources of data collection were various legal literatures, both from the physical library and the e-library. It was found that conferral of value requires the transfer of some economic resources from the collective society to caretakers through the establishment of mechanisms that those who receive the benefit of caretaking in order to compensate those who do the caretaking. It was recommended that the state must use its regulatory and redistributive authority to ensure that those things that are not valued or are undervalued in market or marriage are nonetheless, publicly and politically recognized as socially productive and given value.