Walsh power point_chapter 12


Published on

  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Walsh power point_chapter 12

  1. 1. Law, Justice, and Society:A Sociolegal Introduction Chapter 12 Women and the Law (by Mary K. Stohr)
  2. 2. Women and the LawFeminist Legal Theory• feminism is a set of theories and strategies for social change that takes gender as its central focus to understand social institutions, processes, and relationships• feminist jurisprudence is the practice of examining and evaluating the law from the feminist perspective
  3. 3. Women and the LawFeminist Legal Theory (cont.)• embraces conflict view• patriarchy: sociocultural system that is male dominated at all levels• law is a mirror of patriarchy
  4. 4. Women and the LawFeminist Jurisprudence• reformist/radical – reformist: liberals who want to retain current legal system and reconfigure it – radical: present system should be abandoned• sameness/difference – should women be treated equally or differently? – compromise position: law must accept relevant gender differences but should not focus on the differences; rather, focus on their consequences
  5. 5. Women and the LawWomen and the Law Throughout History• Greek – ambivalent – earth goddess creator – soon male gods assumed rational role – Homer (800 BCE) – Plato and Aristotle – Athens versus Sparta – in general, laws were repressive
  6. 6. Women and the Law Women and the Law Throughout History (cont.)• Roman – Cicero – Twelve Tables of Roman law – women were minors of their fathers or husbands• Medieval Europe--feudal system – subjugated state supported by church theology – “natural state” ordained by God
  7. 7. Women and the Law Women and the Law Throughout History (cont.)• Renaissance – women seen as virtuous and not worldly – laws kept women in the home to protect them• sixteenth century – Protestant faiths reinforced concept of domestic patriarchy – men were sovereign rulers in politics and home
  8. 8. Women and the Law Women and the Law Throughout History (cont.)• Thomas Hobbes and John Locke – concede some rights to women – still subordinate to men in all matters – women invisible to political writers (including Rousseau)• Wollstonecraft argued that women would not be inferior if given the same opportunities as men
  9. 9. Women and the LawSuffrage and Other Basic Freedoms• efforts to secure legal standing for women throughout the nineteenth and twentieth centuries in Europe and the United States were conditioned by sexist views• the U.S. Founding Fathers paid little attention to pleas of their wives to allow women the vote• slaves sexually exploited by masters• women given the right to vote in Wyoming and Utah territories and their subsequent states• women given the right to vote in Colorado and Idaho• rest of the country waited until 1920 and the Nineteenth Amendment
  10. 10. Women and the LawSuffrage and Other Basic Freedoms (cont.)• in 1872 Susan B. Anthony and fourteen other women were on trial for illegally voting• found guilty when the judge instructed the jury to do so• the judge did not make her pay her fine or serve time• her attorney bailed her out of jail• why did they do this?
  11. 11. Women and the LawSuffrage and Other Basic Freedoms (cont.)• International Woman Suffrage Conference in 1902 – in Washington, D.C. – organized by Elizabeth Stanton, Susan B. Anthony, and Carrie Chapman Catt – five countries sent delegates – next meeting was in 1904 in Berlin• Declaration of Principles• major result of conference was creation of the International Women’s Suffrage Alliance
  12. 12. Women and the LawSuffrage and Other Basic Freedoms (cont.)• other rights denied women during the 1920s, 1930s – enslavement – sold for marriage/prostitution – right to deal with property and earnings – arranged marriages – mothers had lesser rights than fathers – less education and training – work restricted to traditional roles; pay was less – holding public office
  13. 13. Women and the LawSuffrage and Other Basic Freedoms (cont.)• rights were gained through grassroot feminist work• first wave of feminism achieved voting rights• second wave focused on other basic rights – property – education – employment – male violence against women and children• role of the USSC
  14. 14. Women and the LawWomen as Human and Person• women have been legally and culturally considered to be property• as property, a woman can be bought, sold, replaced, traded, etc., whenever convenient• if women follow these cultural mores, they are "madonnas"; if they do not, they are "whores"• Gage’s explanation of the witch hunts
  15. 15. Women and the LawWomen as Human and Person (cont.)• Brownmiller’s history of rape• U.S. courts’ resistance to legal protection against physical and sexual abuse and their link to property rights• petite treason in England
  16. 16. Women and the LawWomen as Human and Person (cont.)• at times in American history women were allotted more rights than previously, but such rights were soon taken away• during colonial period, free white women could own property and engage in business• some colonies allowed unmarried women with property to vote
  17. 17. Women and the LawWomen’s Work and Other Legal Matters• Reed v. Reed, 1971 – intermediary scrutiny standard of review – gender/sex is a quasi-suspect class• Nguyen v. INS, 2001 – children need mothers more than fathers – satisfies sameness feminists• international standards – preserve differences while protecting economic and political participation
  18. 18. Women and the LawWomen’s Work and Other Legal Matters(cont.)• Article 11 of the Convention on the Elimination of All Forms of Discrimination Against Women – not yet ratified by United States• first wave of feminism: voting rights• second wave of feminism: other basic rights
  19. 19. Women and the LawWomen’s Work in Law• social barriers have kept women from working in the law• however, women have historically participated in law to some limited degree throughout U.S. history – Margaret Brent – Elizabeth Freeman – Lucy Terry Prince• women were excluded from clerkships, the ordinary means of entering the legal profession
  20. 20. Women and the LawWomen’s Work in Law (cont.)• exclusionary underpinnings were the beliefs that feminine characteristics are not suited for the practice of law and that a woman’s place is in the home• women viewed as lacking logical capacity• accused of being overly subjective and emotional• women were not full citizens, and so it would be paradoxical for them to practice law
  21. 21. Women and the LawWomen’s Work in Law (cont.)• exceptions:• Arabella Babb Mansfield and Myra Bradwell passed the bar in 1869 – Bradwell v. Illinois, 1873• Lemma Barkloo and Phoebe Cousins were admitted to Washington University Law School in 1869• Ada Kepley graduated from University of Chicago Law School in 1870
  22. 22. Women and the LawWomen’s Work in Law (cont.)• Charlotte Ray, first African American woman, was admitted to the bar in 1872• Robert Morris, first African American man, appointed as magistrate judge in Boston in 1852• Esther Morris, white woman, appointed as justice of the peace in a mining camp in Wyoming in 1870
  23. 23. Women and the LawWomen’s Work in Law (cont.)• not until 1918 were women allowed to join the ABA• not until 1920 were women allowed on all state bars• not until 1928 were women allowed to enter Columbia Law School• not until 1950 were women allowed to enter Harvard Law School• law schools continued to discriminate against women
  24. 24. Women and the LawWomen’s Work in Law (cont.)• discrimination tempered by second wave of feminism• passage of Title VII Civil Rights Act of 1964• passage of Equal Employment Opportunity Act of 1972• lack of bona fide occupational occupations in criminal justice systems• Title IX of the Higher Education Act
  25. 25. Women and the LawWomen’s Representation in the Legal System• more women applying for law school now than before• gendered experiences: – men expect to work in a law firm or for a company – more likely to submit to law review – women expect to work for nonprofit or legal services – feel less confident in their legal skills• female law professors are underrepresented• presidents more willing to appoint women to federal judgeships
  26. 26. Women and the LawWomen’s Representation in the Legal System(cont.)• despite inroads, barriers are still apparent• women lawyers are underrepresented in judgeships, full partnerships in legal firms, law school faculty• the "mommy track" effect• latent sexism• women outperform men in all educational tracks except law school – differential treatment in school
  27. 27. Women and the LawWomen’s Representation in the Legal System(cont.)• still, there are more similarities than differences in experiences• job satisfaction• job value• attitudes about punishment issues and defendants• variance explained by promotional opportunities
  28. 28. Women and the LawThe Bias Studies• women defendants and litigants face an uphill battle• manifest in the perceptions and practices of courtroom actors• domestic violence• sexual assault• divorce• treatment of female attorneys and judges• custody discrimination against men
  29. 29. Women and the LawLaw, Equity, and Justice• the law is androcentric, and therefore female victims of male crimes will be viewed through masculine lenses (Smart, 1989)• also, as more women enter the workforce, feminine traits such as cooperation and support will make inroads against masculine traits of adversity and competition (Gilligan, 1982)