Postfeminist Theories in Law: A Comparative Analysis of Judith Butler's and Nancy Fraser's Perspectives on Law and Gender

Background and purpose: As a multi-layered and critical approach to traditional feminism, post-feminism deals with the challenges facing the concepts of identity, gender and rights, and examines more complex aspects of these concepts. In this study, a comparative analysis of the views of Judith Butler and Nancy Fraser on rights and gender has been done with the aim of clarifying the impact of postfeminism on gender rights and theories. Butler by criticizing fixed identity structures and the concept of gender as a social function, and Fraser by focusing on social justice and criticism of capitalism, have reconsidered legal and gender frameworks.Methodology: This study was carried out in an analytical-adaptive way. The key theories of Butler and Fraser are analyzed through the review of their main works and related criticisms, and their views on the concept of gender, justice and rights are compared. Also, the relationship between the post-feminist theories of these two thinkers and contemporary legal frameworks has been investigated.Findings: The study shows that Judith Butler understands the concept of gender as a cultural and functional construct that is created through social repetition. According to Butler, gender identity is not fixed and rights should be redefined in a way that recognizes this complexity of identity. On the other hand, Nancy Fraser criticizes economic and social structures and believes that gender inequalities are formed due to unfair economic systems. He emphasizes the necessity of renewing legal structures in order to create distributive and cognitive justice.Conclusion: In general, although Judith Butler and Nancy Fraser have both criticized gender norms and rights in the post-feminist framework, they have adopted different approaches. Butler emphasizes social functions and reconstruction of identity concepts,and Fraser focuses more on the relationship between economics and gender inequality. The conclusion of this study shows that the combination of these two perspectives can lead to the development of more comprehensive legal frameworks that pay attention not only to gender issues, but also to economic and social justice

کلیدواژه ها:

postfeminism ، law and gender ، Judith Butler ، Nancy Fraser ، gender inequality