The Italian feminist movement known as 'the Thought of the Sexual Difference' has worked out conceptions, in the field of law, that are certainly very far from legal positivism and formalism. Could it be described, then, as a kind of legal realism? The article answers this question in the negative, arguing that this feminist thinking, centered on the aim of safeguarding the value of the subjective experience, refuses any instrumental conception of law.
Femminismo della differenza e diritto: quale anti-positivismo?
Niccolai, Silvia
2019-01-01
Abstract
The Italian feminist movement known as 'the Thought of the Sexual Difference' has worked out conceptions, in the field of law, that are certainly very far from legal positivism and formalism. Could it be described, then, as a kind of legal realism? The article answers this question in the negative, arguing that this feminist thinking, centered on the aim of safeguarding the value of the subjective experience, refuses any instrumental conception of law.
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