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NCJ Number: 170820 Find in a Library
Title: Approaches to Gender and the Law: Research and Applications
Journal: Law and Human Behavior  Volume:22  Issue:1  Dated:(February 1998)  Pages:129-143
Author(s): J Goodman-Delahunty
Date Published: 1998
Page Count: 15
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article reviews three paradigms for gender research, illustrated by examples from employment discrimination law to highlight issues in research on gender and the law.
Abstract: Three stages or paradigms of gender theory applicable to the law were distinguished by Menkel-Meadow and Diamond (1991) and are illustrated in this article by additional examples drawn from the field of employment discrimination law. This area of application was selected because it provides pertinent background to two of the five papers in this special issue of "Law and Human Behavior." Under phase one, commonality and similarity between males and females were emphasized; and in the second phase of gender theory, "difference theory" established a focus on the special status or rights of women versus men. As researchers and feminists came to incorporate a "no-differences" stance regarding gender studies, with the advent of postmodern feminism, the third phase of gender research emerged, focusing on the context- dependent experience of gender identity, the extent to which gender gaps exist, and the nature of those gender gaps. After a review and illustration of the three paradigms for gender research, the author outlines an agenda for research on gender, social science, and the law; and the five articles in this special issue are reviewed in terms of that agenda. Finally, research ideas for the future and practical applications of the research presented in the five articles are considered, specifically, the use of the reasonable-woman standard and expert testimony in sexual harassment cases, as well as the influence of sex roles and sex stereotypes in producing gender effects. 54 references
Main Term(s): Criminology
Index Term(s): Gender issues; Legal research; Research design; Research programs
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