…a woman’s perspective
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This presentation will focus on gender equality in the
law.
Feminist maintain that historically laws have not been
in women’s hands and have largely been one sided
against women
This presentation will discuss the law as a powerful
medium of progressive change and furthermore its
bias against women and its present quest for equality
I will discuss the perspectives of specific philosophers
throughout history including: Plato/Aristotle, John
Locke/Hobbes, and the more contemporary views of
John Stewart Mill and feminine theorist Catharine
Mackinnon
I will discuss their perspectives in terms of feminine
equality in their conception of laws
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Dating back to the fourth century BC, one can
find anti feminist ideas in the philosophies of
many great ancient philosophers, namely Plato
and Aristotle
It can be argued that the prominent genderbias found in society and laws stem from these
great thinkers.
These two philosophers in particular, purport
that women are deficient in some way, whether
it be physically, as in Aristotle, or socially and
physically, as in Plato
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In many of his dialogues Plato posits a sexiest view
In his dialogue Timaeus, Plato discuses reincarnation, stating that
men who “were cowards or lead unrighteous lives
may…changed into the nature of women” when they are
reincarnated
In the Republic, and in the Laws Plato further deprecates the
nature of women
Plato calls women the “weaker partners” to men in their
occupations, and in the Laws he states the female sex is more
“inclined to be more secretive and crafty, because of its
weakness..a women’s natural potential for virtue is inferior to a
mans”
Through these passages Plato’s sexiest views are made clear
Women in their nature are not as emotionally able as men
These views still permeate our society today
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Where can these beliefs be found in society
today?
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Aristotle, a student of Plato also devalued women in his philosophies
He believed that women were inferior to men by nature as a result of
their physical being
In his text, A History of Animals, Aristotle engages in a pseudo scientific
discussion about the nature of humans and animals
He discuses the bodies of men and women, and furthermore states that
the root of women’s inferiority lies in there defective bodies
It is evident that these two ancient thinkers, among others, believed in the
inability of the female sex
These two philosophers, being two of the most influential thinkers of all
time, set out a frame work for how we think about gender socially and
politically
In turn the discussion and formulation of laws and subsequent
philosophies and in practice often incorporate this inherently biased
conception of gender
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As women do you believe in these ancient
views, or in what ways do you think women
transcend them?
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Social contract theory discusses hypothetical “social contracts” or
laws, and how people should act politically and morally as a
result
Early social contract theorists discussed the nature of society, and
furthermore, postulated laws
The Social Contract Theory has its origins in the works of Thomas
Hobbes, and John Locke
They essentially considered how man would behave in a world
devoid of laws or government- a “state of nature”
Hobbes and Locke both argued that in order to have safe and
stable lives, rational beings in this 'state of nature' should enter
into an agreement or “social contract” to create a sovereign
government that would regulate their lives and the world.
Rational beings will thus be more willing to give up part of their
liberty in exchange for a system of law which would therefore
make their lives much more stable and secure.
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John Stewart Mills is a British
philosopher, moral, and political
theorist who’s aim was to develop a
positive view of the universe and the
place of humans in it
He was interested in the progression of
human knowledge and individual
freedom and wellbeing
Mill therefore wrote in his essay on the
Subjection of Women a defense on
gender equality
He believed that women must be
liberated from the shackles they are
trained to voluntarily impose upon
themselves, as it is in their own
interest and in the interests of society
Mills advocated for women to
participate in democratic political
processes where they can be free, and
debates about social means can be
made
He thought that this would be one part
of many steps through which women
could come to recognize how they
were bound contrary to their own
interests and thus help secure their
own freedom and develop their own
individuality
“Law has the potential to
change the world in
which we live” K.M
 MacKinnon is a
contemporary feminist
who believes that our
cultural, social
environment reinforces a
long-standing custom of
male-dominance (as
seen in Plato and
Aristotle)
 She believes that “male
power is systemic.
Coercive, legitimated,
and epistemic, it is the
regime.”
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MacKinnon agreed that gender relationships are
deeply political
She maintained that the state is “male in the
feminist sense”, or in other words, that the state
sees and treats women as men see and treat
women
Male is the implicit reference for human; when
laws reference humans, they are really referencing
them from a male view
promoting freedom and equality for women
would reflect a profound shift in basic
assumptions about the nature of women and their
proper place in the world
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Overall, MacKinnon believed that in order to
change laws to be truly unbiased in terms of
gender, and society one would have to change
their deeply rooted views on gender
She believes that laws are inherently male, and
they further the male perspective
Laws today are informed by our gender biases,
and further subjugate women, even
unknowingly
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In conclusion the gender biased views found in
our society can be traced back to philosophers
from the ancient time
Centuries later contemporary
philosophers/theorists began to advocate for the
equality of women in the law
The law is a powerful medium of progressive
change but is also a means to further the inequality
Feminist theorists such as McKinnon continue to
advocate for the evolving gender equality in the
law