Basic Problems in East Asian Feminist Jurisprudence: A Korean Perspective

Abstract

This article conducts a brief overview of the basic problems and perspectives of East Asian feminist jurisprudence. In the West, feminist jurisprudence, which began its life as a field of legal scholarship in the 1960s, is understood as a philosophy of law based on the political, economic, and social equality of sexes. It now holds a significant place in U.S. law and legal thought and influences many debates on sexual and domestic violence, inequality in the workplace, and gender based discrimination. Through various approaches, feminists have identified gendered implications of seemingly neutral laws and

practices, contributing a great deal to the discussion of legal issues such as employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment have all benefited from the

analysis and insights of feminist jurisprudence.

From our viewpoint, the question is how we can develop East Asian feminist jurisprudence. A particularly pertinent question is whether it should take a different approach from that of the Western

feminist jurisprudence. The question is best answered with yes and no. The law is both regional and universal. On the one hand, East Asian legal scholars must be conscious of the cultural and political context of East Asia when developing feminist jurisprudence. On the other hand, the traditional East Asian philosophy must embrace the Western and global theories, to allow the successful development of East Asian feminist jurisprudence.