La mujer del discurso jurídicouna aportación desde la teoría crítica del derecho

Résumé

Recover the work of Carole Pateman The Woman of legal discourse allows repair in the three phases identified by her around the feminist critique of law. Connect these three periods-the Law is sexist, Law is male and the law is gender-priority within a framework of analysis such as gender violence in the context of couple, can detect not only urges reflection and evaluation legislative commitment adopted by the Spanish State, but also and especially, review and falsification of scientific-legal categories and seized learned from the Academy and applied automatically in judgments. This scientific anachronism, only adds more violence (secondary victimization) women finally decide to report. Finally, the shielding of the concept of gender violence, linking citizens and the State, stands as essential to the imminent threat of legal dissolution of the latter in the domestic or family violence that brings us back to the unfailing and dangerously vulnerable victim.