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IZOLDA TAKÁCS: THROUGH A GLASS DARKLY have to be taken into account. Thus, more radical, positive changes in women’s rights have so far occurred mainly in Western democratic states. ASK “THE WOMAN QUESTION”, THE WOMAN PERSPECTIVE IN LAWMAKING. “THE LAW IS MALE” — OR WHY ARE DE JURE RIGHTS APPLICATIONS STILL PROBLEMATIC IN PRACTICE? EXCERPTS FROM CRIMINAL AND LABOUR LAWS Everything that men have written about women should be viewed with suspicion, because they are both judge and party.” This far, we have seen that by covering all areas of social co-existence, regulations have created equality before the law, prohibited discrimination, enforced equal treatment, and some regulations have even provided opportunities for positive discrimination. In practice, however, neither equal treatment nor equal opportunities can prevail in the majority of the cases. Highlighting the reasons for this is thus worth the effort. I intend to point out the practical legal anomalies that are observed in the application of the law and that are detrimental to women. It is known that there is an eternal conflict between the static validity and the dynamic factual process of the law.*? However, from a women’s point of view, the problem is not with this, but with similar cases being treated differently, based in many cases on gender differences and the resulting discrimination, the traditional stereotypes. It is therefore difficult to recover from violations against women. This also makes it plausible that, for women, the law is sometimes a symbol of imperfection, of dependence on power factors and not of justice. I have to start from the assumption that maintaining the status quo is based upon the inherent masculinity of powerholders and the legal system, and therefore the phrasing and content of the law is based on a “male standard” and is underpinned by male experience (“the law is male”). This means that when the law is to be applied to women, it often results in questionable, often unfair solutions. To this end, jurisprudence has developed many forms of female perspectives and feminist aspirations (“feminist jurisprudence”). An example of this is the Critical Legal Studies movement, whose core objective 5! Poulain de la Barre quoted by Beauvoir, de S.: A második nem, Budapest, Gondolat, 1971. "2 Bihari, Zs.: Drama a jogelméletben — Horvath Barna géniuszai, Jogi Tanulmányok 2014, 204-214. 53 Sebestyén, A.: Kísérlet a hazai joggyakorlat feminista jogelméletek szemszögéből való elemzésére, Jogi Tanulmányok, 17(1), 2014, 260—268. + 30°
