Martina Marras

What kind of democracy? A feminist legal theory debate

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Keywords: Feminism; Feminist Legal Theory; Democracy; Gender Equality; Gender Study.

What challenges does feminist legal theory face today? This is the fundamental question posed by Thomas Casadei in his recent work "Diritto e (dis)parità. Dalla discriminazione di genere alla democrazia paritaria" (Aracne, 2017). In this essay I analyze the main points of that work, starting from a brief reconstruction of the concept and history of feminist legal theory. The paper focuses on Casadei's theoretical proposal of a parity democracy not reducible to a simple quota system. Ultimately, the analysis underlines how feminist legal theory can be understood as a method and perspective from which to open an effective debate on constitutionalism and gender-related issues. From this viewpoint the critique combines theory and practice through the analysis of a particular case study: the new Tunisian Constitution.

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