Monday, December 7, 2009

Weekly Topic: What does Judicial Sexism Mean?

Catharine MacKinnon indicates that the term "woman" is not inherently tied to biological sex, but instead denotes a mixture of social evaluation and biological fact. With this caveat in mind, she explains that the judicial system works to the disadvantage of women because it consists of a set of social evaluations that prioritize the perspective, biological facts associated with and judgments of "men," defined as a similar mixture of biological fact and social evaluation.

  • What does it mean to call a judicial system sexist if it does not mean that one sex is exclusively promoted over the other?
  • What are some examples of judicial sexism that apply to the judicial system today? Are MacKinnon's claims that rape laws are defined from the perspective of men still credible?
  • What is the damage associated with judicial sexism? Does it apply exclusively to women or does society as a whole suffer? How could judicial sexism be effectively combated and what obstacles would mitigate strategies designed to combat judicial sexism?

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