The Application of Feminist Legal Theory in Deconstructing the “Infanticide”

Abstract

The crime of "infanticide" is a gender-specific offense that identifies the mother as the sole potential perpetrator and provides for a lighter penalty than that applicable to murder. The recognition of infanticide as a distinct criminal offense has emerged in a number of legal systems. Through a historical examination of the development of relevant legal provisions in Vietnam and selected legal systems around the world, and by applying feminist legal theory, this article analyzes the implications of protecting patriarchal systems by exploiting the vulnerability of women in their role as mothers, as well as downplaying the role of men and the societal impact on mothers after childbirth. The article proposes several approaches, drawing on feminist legal theory, to address and eliminate the effects of patriarchal systems on this crime.