This is the term used by feminisms to refer to the fact that gender inequality and male chauvinism are institutionalized through the legal systems. Feminisms believe that justice is a clear example of a patriarchal society and, thus, is made by and for white, healthy, heterosexual, cisgender, middle or upper class, non-migrant men without any functional diversity. In this system, a person who does not fit this mold runs the risk of not obtaining justice but, rather, injustice.
Patriarchal justice does not explicitly recognize that men hold public and private spaces based on privilege, and it continues to expect stereotyped behaviours from both women and men. As a result, it punishes those who transgress those behaviours, and excuses those who exercise them.
Feminism offers an example of patriarchal justice: in crimes against women, the victim is judged in a way that a male victim would not be judged for another type of crime. The woman’s behaviour is questioned by arguing that she must have done something to provoke the aggression against her and, thus, excusing the man’s behaviour.
Patriarchal justice ignores women’s and men’s differentiated position in society, and the impact this has on all aspects of life. Consequently, for feminisms, to avoid generating further inequality and injustice, laws must be enforced with the acknowledgement of this fact. They advocate for equal justice where every person truly has the same rights.