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Is the Law Male?

NCJ Number
156804
Journal
Trial Volume: 31 Issue: 8 Dated: (August 1995) Pages: 18-26
Author(s)
L H Schafran
Date Published
1995
Length
9 pages
Annotation
This author argues that, like the male model in medicine, the law has treated men's experience and perspective as the norm, often to the detriment of the rights and interests of women.
Abstract
Until recently, the law was exclusively man-made, since there were no female judges, legislators, or lawyers. Apart from rape laws, most State and Federal statutes have been modified to eliminate any overt antifemale bias. But there are still some laws, purportedly neutral, such as immigration policies, but which in fact discriminate against women. The author points out that a threshold issue for civil plaintiffs and crime victims is getting into court, which requires obtaining a lawyer to represent the case; this may be difficult for women, particularly in cases involving sexual harassment, in which male lawyers are reluctant to believe their claims. Making women's real life experiences understood as they relate to the law needs to begin in the law schools. The author concludes with pointers on integrating material on women-related law issues into continuing legal education programs, law office seminars, and law school courses. 37 notes

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