Legal-economic analysis of the gender issue: costs, failures and paradoxes

Abstract

A critical review is proposed here, from neo-institutionalist approaches (Economic Analysis of Law, Public Election, Constitutional Economics, etc.), to understand and evaluate the gender issue and its unwanted effects, such as the gender paradox. It turns out that the more gender regulation has advanced, especially that inspired by trans feminism (of socio-cultural construction and a feeling of self-perception), the level of legal guarantees for cis women (of a coincident biological and genetic basis) seems to have decreased. ), in addition to causing the perverse effect of converting the autonomy achieved into state dependency. A presentation of the problem is addressed here, with a historical, comparative and narrative review, clarifying how feminism has imposed itself, hiding suffragism and other women's rights movements. It continues with a refutation of gender fallacies, from the study of its production in the Anglo-Saxon and Nordic world to its distribution from UN-Women and the fifth generation of human, gender and ethno-cultural rights. Finally, attention is focused on a case of material transplantation, such as the Spanish case, evaluating the "undesired effects" of its recent regulation, in addition to proving the cited paradox. All this is completed with some conclusions and future lines of research.