Monday, September 28, 2009
feminist jurisprudence
It seems kind of crazy to me to base a philosophy of law solely on the equality of the sexes. While I think gender equality is definitely something we need to strive for in our society, I think the legal system should focus on much, much more than that. What about equality for everyone in general, rather than specifically the sexes? I definitely can see the feminist side of the argument; rape laws and sexual harassment is often a hard issue for women, but many strides have been made since the rape reforms that are better for rape victims. Many other laws support women's rights, such as over-the-counter contraceptives and abortions being legal. Also, men could argue that the legal system helps females more than it helps males. I remember learning in a few of my classes that women are much more likely to get easier sentences and/or lower minimums that men that are convicted of the same crimes. Also, with custody and divorce battles, society often sides with women. So, I think equality of sexes is important but I think it is somewhat ridiculous to focus an entire philosophy of law on that one small aspect of society.
Subscribe to:
Post Comments (Atom)
Although I can appreciate an equality among all people and not just women's equality to men within society, I think that some of your positions are misdirected. I agree that there should not be laws similar to Affirmative Action that help others advance because of previous hardships. But, I found your closing point to be the most outrageous. Equality among men and women is not "one small aspect of society," but rather an important necessity in order to achieve an overall goal. That goal is the same that you have stated, equality for all. Women have been burdened with societal views putting them in roles they never necessarily wanted.
ReplyDeleteI agree that we should look at people as a whole. Male, female, black, white, brown, whatever, we all need to be treated as equals. If we can have equality for all, and not worry just about specific genders, our world would be a much better and easier place to live. I think we should start focusing on everyone as a whole, not just a specific group.
ReplyDeleteI agree with Jim's comment, and I think people are classifying themselves into too many small categories of what they are, rather than just who they are as people. I think that woman's rights is important, but not more important than anyone else's rights.
ReplyDelete