Occupying the legal space: the emergence of feminism in the realm of legal argumentation

Radical feminists in the United States always detected in law a tool of oppression, which as such is unable to lift marginalized identities in society. Other feminist theorists used instead law to push forward a cultural and social change. In particular, the paper will use Ruth Bader Ginsburg's legal philosophy on gender issues as embodying a struggle for the emancipation of marginalized identities through, rather than outside of the law.