I. Introduction In the Winnipeg Child and Family Services (Northwest Area) v. D.F.G. case heard in the Court of Queen’s Bench for Manitoba, the court struggles with the legal and ethical implications surrounding maternal substance abuse during pregnancy. This essay aims to provide a summary of the case, addressing aspects such as the nature of the proceeding, relevant facts, legal issues, the court’s decision, and remedy, the judicial reasoning behind the decision, and will provide an analysis of two theoretical perspectives: Legal Liberalism and Feminist Legal Theory. In the analysis, it becomes evident that Legal Liberalism offers the most suitable theoretical approach for comprehending the case, as it understands the court’s commitment to upholding individual rights and the rule of law. II. Summary…show more content… Feminist Legal Theory Feminist legal theory has several key elements that shape its approach to understanding and critiquing the law. Central to feminist legal theory is the imperative to analyze the differential impact of law on women. This entails scrutinizing how legal rules, institutions, and practices affect women differently than men, often increasing existing inequalities and perpetuating gender-based discrimination. Moreover, feminist legal theory fundamentally rejects the notion of neutrality and objectivity in law, arguing instead that law is deeply embedded within patriarchal systems and reflects male-dominated jurisprudence. Legislators and judges have predominantly been men, leading to legal structures that create and reinforce patriarchy. Additionally, feminist legal theory critiques the public/private divide, which often serves to devalue women’s experiences and concerns by relegating issues traditionally associated with women, such as family and caregiving, to the private
