Racjonalny czyli męski? : kategoria podmiotowości w dyskursie prawnym z punktu widzenia feministycznej jurysprudencji

Abstract

This article aims to make a critical analysis of the legal subject from the viewpoint of feminist jurisprudence. In the narrative of legal discourse, the legal subject is presented as rational and objective, however the understanding of these categories is based on established and dominant social patterns, which make up the criterion for assessing individual human behaviour from the perspective of these universalized characteristics. What results from this is discrimination against all other subjects types which do not have the characteristics of the dominant pattern. The observation of the functioning of the concept of legal subject in the Polish jurisdiction allows repeating after feminist jurisprudence that what hides behind the so‑called rational entity is usually a male point of view. The adoption of a male perspective is universalised and neutralized, and subsequently applied to all other subjects taking part in legal discourse. The point of view of ‘an average citizen’ which is identified with ‘a rational point of view’ represents, in fact, a male perspective. As a result, it appears that the legal system primarily protects all the rights comprised by legal order, and not only the subjects which are protected.