Law versus Feminist Ideology and Discourse

Abstract

In this study, in which feminism identified with the women's rights movement is examined in the context of historical process and law, firstly by defining feminism; Discussions that feminism is an ideology or a discourse have been examined and it has been concluded that feminism is an ideology. In the first part, by emphasizing the concepts of ideology and discourse, it has been determined that feminism is an ideal that has been studied by wide circles as an ideology and influenced nations. This determination necessitated the examination of the discourses of feminism, and in the second part, only the discourses of liberal-cultural-socialist and postmodern feminism, which constitute the feminist legal theory, were examined in order to limit our study. As a result of these determinations, when the historical process of feminism, which is thought to have emerged from 570 BC to the present, is shed light on, it has been seen that while feminism was not only a struggle for the rights of people who are biologically female, it expanded in waves and became an ideology advocated by individuals other than women. Basically, as a result of the feminist movements that took place in three waves, feminism was divided into many sub-branches such as cultural, radical, post-modern and liberal feminism, but the main discourse, equality between men and women, and women's access to fundamental rights and freedoms, continued to be united in views and actions. In the third part of our study, the perspective of the Turkish legal system on feminist ideology has been examined. Since the beginning of the 2000s, Turkey has succeeded in bringing its national legislation to international standards by making fundamental changes in the field of basic human rights. It was seen that these changes were made in the field of women's rights in parallel with the subject of our study, but it was concluded that the changes adopted by the society could be actively implemented. In the last part of our study, our reviews were compiled and our opinions were presented to the reader's discretion. Namely, although it is seen that feminism as a term is not considered moderate in the eyes of the society due to its development in history and its close relationship with the left view, in the centuries-old history of Turkish society, an egalitarian approach to women's basic human rights has been displayed, and culturally corrupt individuals who have accepted this ideology when it is not actually called feminism, but which are culturally corrupt. It was concluded that she strongly opposed feminism and egalitarian ideas.