MUSLIM UNIVERSITY OF MOROGORO

FACULTY OF LAW AND SHARIA’H

BACHELOR OF LAW WITH SHARIA’H

COURSE NAME: JURISPRUDENCE II

COURSE CODE: LW

INSTRUCTOR: MR MUHIRI

TASK: GROUP ASSIGNMENT

GROUP N O: 08

S/N NAME REG. NO

1 NASIBU MUSSA SAID MUM2022-04-08247

2 ABDALLAH KHERI ALI MUM2022-04-07258

3 KELVIN JORAM MAHENE MUM2022-04-07599

4 SWALEHE RASHID MUM2022-04-07533

5 ISSA J MATANDIKA MUM2022-04-07242

6 SHABANI RAMADHANI MUM2022-04-08221

7 STEPHANO MSUYA MUM2022-04-07269

8 NASRA RAHMANI BAKARI MUM2022-04-08375

9 ZAHRA ABDALLAH MUM2022-04-07402

10 MWANAISHA YULAD MUM2022-04-07960

11 SAUMU MAKAME HAMADI MUM2022-04-07558

12 SWABRA ANAFI BAKARI MUM2022-04-08336

13 KHADIJA SALUM KAPILIMA MUM2022-04-07790

QUESTION How do contemporary legal theories, such as critical legal studies and feminist
legal theory, challenge traditional legal frameworks, and what implications do these theories
have for addressing issues of justice, equality, and human rights in modern legal systems?

1.0 INTRODUCTION

Contemporary legal theories refer to the broad field of legal scholarship and philosophical

inquiry that examines the nature of law, its relationship to society, and its role in shaping human

behavior1. These theories go beyond the mere understanding of laws and regulations, exploring

legal, moral, philosophical, and societal influences on legal systems. They seek to understand

what law is, how it functions, and how it should be, considering its impact on individuals and

society.

1.1 CRITICAL LEGAL STUDIES

Critical legal studies; school is a jurisprudence movement that challenges and overturns accepted

norms and standards in legal theory and practice. It is concerned with the relationship of legal

scholarship and practice to the struggle to create a more humane, egalitarian, and democratic

society. Critical legal studies believe that logic and structure attributed to the law grow out of the

power relationships of the society. The law exists to support the interests of the party or class that

forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of

society. The wealthy and the powerful use the law as an instrument for oppression in order to

maintain their place in hierarchy. Within certain limits, Critical Legal Studies has delivered a

coherent legal discourse about social injustice and the role played by the legal community 2.

Critical Legal Studies; Emerged in the 1970s and critiques the idea that law is a neutral tool for

justice. Critical legal studies scholars argue that legal rules often reflect the interests of powerful

1
Hunt, A., "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986) pge 201

2
Ibid
groups rather than serving the common good 3. They emphasize that law is indeterminate,

meaning that legal outcomes can be influenced by the biases of judges and the socio-political

context. This perspective encourages a re-examination of how laws are created and enforced,

advocating for a more equitable approach that considers marginalized voices and experiences 4.

Scope of Critical Legal Studies

The basic idea of critical legal studies is that the law is politics and it is not neutral or value free 5.

Many in the critical legal studies movement want to overturn the hierarchical structures of

domination in the modern society and many of them have focused on the law as a tool in

achieving this goal6.

1.2 FEMENIST LEGAL THEORY.

The Feminists School of Jurisprudence, is one of the schools of Jurisprudence other being

Natural Law, Positivism, Historical, Sociological, and Marxist schools of Jurisprudence. The

feminist school of jurisprudence started to show its emergence in the late 19Th C but it was

totally established in early 1970’S (Mid 20th C) [Link] school was propounded by England and

American women who had studied Laws (Marry Wollstonecraft and Betty. The major purpose or

the idea of Feminists School of jurisprudence is Revolution of Female or to liberate women from

the domination of men8.

3
Gordon, R. W., "Critical Legal Histories", Faculty Scholarship Series, Paper, (1984), 1368
4
Ibid
5
Ibid
6
Hunt, A., "The Theory of Critical Legal Studies," Oxford Journal of Legal Studies, Vol. 6, No. 1 (1986): 1-45, esp.
1, 5
7
Dickenson, D., 2007. Property in the Body: Feminist Perspectives, Cambridge, UK: Cambridge University Press.
8 Gordon, R. W., "Critical Legal Histories", Faculty Scholarship Series, Paper, (1984), 1368
Feminist jurisprudence is a branch of jurisprudence that examines the relationship between

women and law, including the history of legal and social biases against women, the elimination

of those biases in modern law, and the enhancement of women‘s legal rights and recognition in

society9. Feminist jurisprudence is the study of the construction and workings of the law from

perspectives which foreground the implications of the law for women and women's lives. This

study includes law as a theoretical enterprise as well its practical and concrete effects in women's

lives. It includes law as an academic discipline, and thus incorporates concerns regarding

pedagogy and the influence of teachers10.

Nature of Feminist Jurisprudence

Feminist jurisprudence seeks to analyses and redress more traditional legal theory and practice. It

focuses on the ways in which law has been structured that deny the experiences and needs of

women11. Feminist jurisprudence claims that patriarchy infuses the legal system and all its

workings, and that this is an unacceptable state of affairs. It is not politically neutral, but a

normative approach, it challenges basic legal categories and concepts rather than analyzing them

as given. Feminist jurisprudence asks what is implied in traditional categories, distinctions, or

concepts and rejects them if they imply the subordination of women. It sees the workings of law

as thoroughly permeated by political and moral judgments about the worth of women and how

women should be treated.

Feminist jurisprudence comprises what have come to be known as women and law‘ studies

9
Ibid
10
Ibid
11
Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School of Law, 1981-
1991
which generally promote the visibility of women in jurisprudence 12. These studies may include

documentation of law‘s discrimination against women, analyses of law‘s male bias against

women, and reviews of all liberal jurisprudence which omits reference to gender13.

2.0 MAINBODY

How contemporary legal theories challenged traditional legal frameworks.

Contemporary legal theories such critical legal studies (CLS) and Feminists legal theory

challenge traditional legal frameworks by questioning the objectivity and naturality of law.

2.1 Critical Legal Studies.

Critical Legal Studies (CLS) challenges traditional legal frameworks by arguing that law is not

objective and neutral, but rather a tool used to maintain power and social inequalities. CLS

scholars question the assumption that legal systems are based on reason and logic, instead

emphasizing the influence of political, social, and economic factors on legal decisions.

i) Fundamental contradiction within society.

Fundamental Contradiction: Critical Legal Studies argues that people need both autonomy and

connection to others (family, society, state), but these needs conflict. We desire freedom yet rely

on social structures that can also oppress us. This tension is not just a conflict of values but a true

paradox an irresolvable contradiction at the heart of liberal legal thought.

12
Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School of Law, 1981-
1991 pg 112
13
Ibid
Duncan Kennedy’s View: Kennedy claimed that liberal legal theory masks this contradiction by

constructing mechanisms that deny or minimize it. He argued that legal systems falsely present

this paradox as merely a “balance of values,” ignoring its deeper, logical irreconcilability.

Duncan Kennedy, argues there's a fundamental contradiction in liberalism: people need the

collective, example the state for support but also fear its oppressive potential. However, critics

argue this is not a true contradiction but a practical conflict that society regularly manages

through compromise and balancing interests (example family, markets, police power). Recognize

this tension and address them through democratic systems, Rule of law and social

compromises14.

ii) Alienation by Categorization and Reification.

Critique of categorization and its role in alienation, particularly within liberal and capitalist

societies. Critical Legal Studies argues that abstract categories like "human being," "consumer,"

or "businessman" are not neutral, they reify people, reducing them to roles or stereotypes 15. This

strips individuals of their full humanity and interconnectedness, leading to a sense of isolation,

powerlessness, and disconnection. According to Critical Legal Studies, individuals often deny or

are unaware of their own suffering because society has conditioned them to accept alienation as

normal16. Those who insist they feel connected or fulfilled are said to be "indoctrinated" into this

system of denial17. Critical legal studies blame liberal capitalist structures for this alienation.

14
Drucilla, C. Beyond Accommodation: Ethical Feminism, Deconstruction and the Law (New York: Routledge,
1990 pge 214
15
ibid
16
Ibid
17
Drucilla, C. Beyond Accommodation: Ethical Feminism, Deconstruction and the Law (New York: Routledge,
1990 pge 214
Institutions and legal language, by relying on categories and abstract definitions, contribute to

people's sense of being fragmented into roles rather than treated as whole persons. Critical legal

studies believes that if enough people recognize this alienation, it could lead to collective

awareness and ultimately social revolt or transformation18.

iii) Denial the value of neutrality of law.

Critical Legal Studies scholars argue that legal standards like “reasonable,” “unconscionable,” or

“good faith” are not neutral they involve moral and political judgments that vary by perspective.

a) Standards Reflect Subjective Values

The use of standards instead of rigid rules introduces discretion, which makes the law more

flexible but also more subjective and value laden. What counts as "reasonable" often depends on

social and political contexts19. Example Australian Labour Law,

Historically, Australian labor law allowed tribunals to set wages based on need, not contracts—

this reflects altruistic law rather than individualistic, contract based liberal law.

b) Law as a Political Battleground

Legal development reflects a constant political struggle between individualism and collectivism,

and between competing visions of fairness and justice. They emphasize that neither rules nor

standards are neutral—they reflect underlying ideological battles about how society should be

organized20.

18
ibid
19
Ibid
20
Ibid
iv) Indeterminacy of Law

Critical Studies argues that legal texts do not yield clear, objective answers to legal questions.

Instead, they are often ambiguous, leading to varied interpretations based on the socio historical

context of the interpreter21. Critical legal studies proponents argue that there is no one true legal

interpretation, and different interpretations can lead to different outcomes.

2.2 Feminist Legal theory.

Feminist legal theory challenges traditional legal frameworks by exposing their inherent

patriarchal biases and limitations, arguing that they often fail to adequately address or protect the

rights and interests of women22. These challenges highlight the need for legal systems to

recognize the diverse contexts in which law is experienced and to consider the unique challenges

faced by women.

i) Patriarchal Bias and Inherent Inequalities

Traditional legal frameworks are often seen as reflecting and reinforcing patriarchal norms,

which can lead to the marginalization and subordination of women. These frameworks may not

adequately address gender, based inequalities in areas like property rights, employment,

reproductive rights, and domestic violence23.

21
Drucilla, C. Beyond Accommodation: Ethical Feminism, Deconstruction and the Law (New York: Routledge,
1990) pge 224.
22
Ibid
23
Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School of Law, 1981-
1991 pg 112
For example, laws that prioritize the traditional family unit or that assume women are primarily

caregivers can perpetuate gender stereotypes and hinder women's advancement in various areas

of life.

As in the case of Reed v Reed24 Gives preference to male over female in the appointment of the

administrator to administer the Estates of deceased person the Supreme Court do not see any

material different between men and women that allow the State law to treat them different.

ii) Gendered Experiences and Contexts

Traditional legal frameworks often fail to recognize the diverse experiences of women and the

specific contexts in which they live their lives. For instance, laws designed for a specific type of

family or a particular socioeconomic group may not be relevant or effective for other groups of

women. Formal equality require that the law does not acknowledge sex-based distinction liberal

feminist tend to favour the sameness thesis they say that differences between men and women

have been used to discriminate against women; Example were barred from many kinds of

employment on grounds that they were physically or psychologically and unsuited for the work

involved. Sameness feminist argues that the emphasis on different weakness women's abilities to

gain equal rights.

Feminist legal theory emphasizes the need for legal systems to be more responsive to the needs

of women, taking into account factors such as ethnicity, class, and sexual orientation25.

According to Wendy Williams express the equality arguments in this way

24
404 US 71(1971)
25
Drucilla, C. Beyond Accommodation: Ethical Feminism, Deconstruction and the Law (New York: Routledge,
1990)pge 224
 “We who are different share in this particular context at this particular time aquality, trait,

need or value that locates us on the same platform for this particular purpose. We see a

connection in a particular respect that we who are different think entitles partake in the same

meal, drink at the same trough, or march to the same drummer at least in this particular

parade”..

iii) Emphasis on Intersectionality and Marginalized Voices

Intersectionality, a term coined by Kimberlé Crenshaw in 1989, critiques how traditional legal

systems and frameworks analyze discrimination through single axis thinking either race or

gender, but not both together. Feminist legal theory uses intersectionality to show how women's

experiences are not uniform and that Black women, immigrant women, disabled women, and

others face unique, compounded forms of discrimination that can't be addressed by treating

gender or race alone26.

As to the case of DeGraffenreid v. General Motors 413 F. Supp. 142 (E.D. Mo. 1976)

The court refused to recognize the claim of dual discrimination (race and gender), stating that the

plaintiffs could not combine these categories into a new “super-remedy27.”

2.3 Implications of Critical Legal Studies and Feminist Legal Theory on justice, equality

and human rights in modern systems.

I. Implications on Justice

1. Justice Must Be Contextual, Not Abstract

26
Https://[Link].com2 Feminist Legal Theory and the Rights of Women - Oxford Academic on 29th April
2025 at 7: 08 pm
27
413 F. Supp. 142 (E.D. Mo. 1976)
Justice should consider the lived experiences of marginalized groups, especially women.

Feminist legal theory urges courts to assess cases based on social realities, not just abstract legal

norms as in the case of R v. Lavallee [1990] 1 SCR 85228

“Canadian court recognized battered woman syndrome in self-defense, moving beyond formal

justice”29

2. Procedural Justice Is Not Enough

CLS argues that even fair procedures can lead to unjust outcomes when laws reflect unequal

social structures. True justice requires addressing substantive inequality and power dynamics. As

on the case of Example Bush v. Gore 531 U.S. 98 (2000]30 `Highlighted political influence in

judicial processes".

3. Restorative and Transformative Models

Both theories support alternatives to punishment-focused justice systems. Restorative models

aim to heal harm and transform relationships, especially in gender-based violence and

community disputes31. Truth and Reconciliation Commissions example South Africa) influenced

by feminist critiques of punitive justice.

4. Challenge to Judicial Neutrality

28
[1990] 1 SC R 852
29
Https://[Link].com2 Feminist Legal Theory and the Rights of Women - Oxford Academic on 29th April
2025 at 7: 08 pm
30
531 U.S. 98 (2000
31
Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School of Law, 1981-1991 pg 112
Critical Legal Studies critiques the myth that judges are neutral; decisions often reflect personal

or societal biases. Feminist theory highlights how male-centered norms influence judicial

reasoning. Example: Duncan Kennedy) argues judges should acknowledge their biases.

II. Implications on Human Rights

1. Expansion of Rights to Include Social and Economic Needs

Feminist theory broadens human rights to include reproductive, health, and labor rights. This

shift emphasizes that freedom from violence and poverty is essential for real equality as to the

Case, Opuz v. Turkey (ECHR, 2009) Domestic violence recognized as a human rights

violation32.

2. Intersectional Rights Protection

Rights frameworks must address overlapping forms of discrimination (example race, gender,

class). Crenshaw’s intersectionality theory shows that laws often overlook complex identities 33 as

to the case of DeGraffenreid v. General Motors (1976)

“Led to the development of intersectionality theory by Kimberlé Crenshaw”..

3. Critique of Individualism in Rights Law

Critical Legal Studies critiques the focus on individual autonomy, which often ignores

community needs and social inequality. Feminist theory promotes collective rights and care

focused legal approaches. Scholar: Mark Tushnet criticizes rights as politically limited tools in

Critical Legal Studies (1984).

32
Ibid

33
DeGraffenreid v. General Motors (1976)
4. Democratization of Human Rights Discourse

Feminist theory advocates for inclusive participation in law making, especially from

marginalized communities. It emphasizes that human rights must reflect diverse lived

experiences34.

III. Implications on Equality

1. Shift from Formal to Substantive Equality

Formal equality treats everyone the same, but often maintains existing inequalities. Feminist

theory supports substantive equality, which addresses systemic disadvantages (e.g., United States

v. Virginia). Case: United States v. Virginia 518 U.S. 515 (1996) Women's exclusion from a

military college struck down35.

2. Legal Recognition of Intersectional Discrimination

The law must acknowledge that people can face multiple, overlapping forms of discrimination.

Feminist scholars argue for frameworks that protect identities like Black women, queer

migrants36.

3. Challenge to Gender Bias in Legal Standards

34
Https://[Link].com2 Feminist Legal Theory and the Rights of Women - Oxford Academic on 29th April
2025 at 7: 45 pm
35
United States v. Virginia 518 U.S. 515 (1996
36
Ibid
Feminist legal theory critiques norms like the “reasonable man” standard, which ignore women’s

perspectives. Legal definitions must include diverse gendered experiences Case: R v. Ewanchuk

[1999] 1 SCR 330 Canadian court emphasized the need for affirmative consent37.

4. Reform of Discriminatory Family and Labor Laws

Feminist theory demands laws recognize unpaid care work and gender roles in family and

employment settings. Courts have begun to account for economic disparities in divorce. As to the

case of Moge v. Moge it says that, it set precedent for considering unpaid domestic labor in

spousal support38.

3.0 CONCLUSION

In contemporary legal systems, the implications of these critiques are evident: a growing shift

toward context-sensitive adjudication, the inclusion of marginalized voices in legal reform, and

the recognition of systemic discrimination in areas such as gender-based violence, economic

inequality, and racial injustice. Ultimately, CLS and feminist theory push the legal world to

move beyond formalism and neutrality, demanding a legal order that is transformative, inclusive,

and truly just for all members of society.

37
[1999] 1 SCR 330
38
Https://[Link].com2 Feminist Legal Theory and the Rights of Women - Oxford Academic on 29th April
2025 at 7: 45 pm
 REFERENCE.

BOOKS

 Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School Of Law, 1981-1991

 Drucilla, C. Beyond Accommodation: Ethical Feminism, Deconstruction And The Law (New York:
Routledge, 1990).

 Frug, M. J., A Postmodern Feminist Legal Manifesto (An Unfinished Draft), New England School Of Law,
1981

 Gordon, R. W., "Critical Legal Histories", Faculty Scholarship Series, Paper, (1984), 1368

 Hunt, A., "The Theory Of Critical Legal Studies," Oxford Journal Of Legal Studies, Vol. 6, No. 1 (1986): 1-45, Esp. 1, 5

 Dickenson, D., 2007. Property In The Body: Feminist Perspectives, Cambridge, Uk: Cambridge University Press.

 Collins, P. H. (2000). Black Feminist Thought: Knowledge, Consciousness, And The Politics Of
Empowerment. Routledge.
  Renshaw, K. (1989). Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of
Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics. University Of Chicago Legal Forum.

WEBSITE.

 Https://[Link].com2 feminist legal theory and the rights of women - oxford academic.

 Https://[Link]/news-events/embracing-intersectionality-enhancing-legal-practice.

 Https/[Link], [Link]

CASE LAWS

 DeGraffenreid v. GENERAL MOTORS ASSEMBLY DIV., ETC., 413 F. Supp. 142

(E.D. Mo. 1976

 MOGE VS MOGE [1999] 1 SCR 330

 United States v. Virginia 518 U.S. 515 (1996)

 R v. Ewanchuk [1999] 1 SCR 330

 Opuz v. Turkey (ECHR, 2009)

 Bush v. Gore 531 U.S. 98 (2000