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RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 1 2026 - DUE May 2026 - The philosophy of feminism in law

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RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 1 2026 - DUE May 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... ONE: THE PHILOSOPHY OF FEMINISM IN LAW Background The feminist legal theories consist of certain ideologies focused on enhancing women’s participation in society. The participation logically has legal implication, whether in the form Downloaded by Pied Zulu () lOMoARcPSD| 62 of promoting women’s rights, equal payment and equal treatment. Feminism theories branch out in different directions that could be considered to be contradictory. On one hand, Sameness feminism is centred on the idea that although men and women may physical look different, men and women are essentially the same in thought, actions and motivation. This means that the standard that must be used to weigh the performance of any person could be derived from the performance of an average man. This would mean that women in the workplace should be deprived of the right to maternity leave, since men are not entitled to maternity leave. Difference feminism, on the other hand, points out the uniqueness of women, thus argues that women are entitled to special rights since they are naturally different to men. This means that equal treatment of men and women is not always possible and realistic. Legal feminist theories are essential to the advancement and protection of women’s rights. In your opinion, do you think South African law promotes feminism? You may consider the right to equality and women’s rights. Cases President of the Republic of South Africa v Hugo 1997 4 SA 1 (CC) King v De Jager 2021 (4) SA 1 (CC) Brink v Kitshoff NO 1996 (4) SA 197 (CC) Books Bartlett K and Kennedy R, Feminist Legal Theory: Readings in Law And Gender (Routledge 1991) Currie I and de Waal J, The Bill of Rights: HandBook (6th edn, Juta 2017) Legislation Constitution of the Republic of South Africa, 1996 Journal Articles Frug MJ, ‘A Postmodern Feminist Legal Manifesto’ (1992) 105 Harvard Law Review 1045 West R, ‘Women in the Legal Academy: A Brief History of Feminist Legal Theory’ (2018) 87 Fordham L Rev 977

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RRLLB81
Assignment 2 RESEARCH REPORT Semester 1 2026


Due Date: April 2026
The philosophy of feminism in law

By



[RRLLB81 STUDENT]

(012345678)

Submitted in partial fulfilment of the requirements for the degree



BACHELOR OF LAWS

in the



DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

SCHOOL OF LAW
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, +27 81 278 3372



The philosophy of feminism in law

By



[RRLLB81 STUDENT]

(012345678)

Submitted in partial fulfilment of the requirements for the degree



BACHELOR OF LAWS

in the



DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

SCHOOL OF LAW

UNIVERSITY OF SOUTH AFRICA




SUPERVISOR: PROF MM MONYAKANE



RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO

(DUE DATE: April 2026)




Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.

, +27 81 278 3372



Abstract

This research examines whether South African law promotes feminist principles through
the constitutional right to equality and the protection of women’s rights. Feminist legal
theory highlights the historical exclusion of women from legal and social structures and
seeks to address gender inequality through legal reform. The study explores key strands
of feminist thought, particularly sameness feminism and difference feminism, and
evaluates how these theories influence legal reasoning. The research analyses
constitutional provisions and selected Constitutional Court decisions, including President
of the Republic of South Africa v Hugo, Brink v Kitshoff NO, and King v De Jager, to
determine how South African courts interpret and enforce gender equality. Through
doctrinal legal analysis of legislation, case law, and academic commentary, the study finds
that South African law strongly supports feminist objectives by recognising substantive
equality and actively challenging gender discrimination. The research concludes that
although legal progress has been significant, ongoing challenges remain in achieving full
gender equality in practice.




Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.

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