State, law and gender studies

• Main Authors: Julia Sevilla Merino, Asunción Ventura Franch
• Format: Article
• Language: Spanish
• Published: Universidad de Alicante 2003-06-01
• Series: Feminismo/s
• Subjects: estado; igualdad de sexos; derecho a la igualdad; mujeres
• Online Access: https://feminismos.ua.es/article/view/2003-n1-estado-derecho-y-estudios-de-genero

The formation of the State and its legal order has been undertaken by the male community with the result of female exclusion; neither the law nor the political system has considered equality between men and women as a fundamental principle. The right to equality lies on the questioning of the philosophical and cultural claims which consider men as the universal subject and women as a specific category. Within Feminist legal theory there are great differences when it comes to an alternative theoretical proposal to solve the problem of gender vs. sex. The proclamation of the Constitution, the adaptation of the legal framework to the principles and constitutional values, and academic feminism have made for the development of gender studies in the field of law.