Thursday, December 3, 2009

Ch. 11 Women and the Law

There are many controversies that are associated with women and the law. There are many theories associated with this issue. History proves that society was mostly patriarchal and oppressive of women. Feminism has taken a stances in the way law is applied to women. There are the radicals that say the whole legal system has to be thrown out to be replaced by one that contains no bias. On the other side there are those who believe that the current system just needs to be tweaked a little. Another debate goes on about the sameness and difference of the sexes. The sameness theory wants women to be treated as equals to men in all categories. The difference hypothesis says that women should be treated differently based on relevant differences. The compromise between sameness and difference theories in the court of law is that law must accept relevant gender differences, but that it should no focus on the differences per se, but rather on their consequences.

Historically there have been witch hunts. The females that were accused of witchcraft were generally those who were more well educated beyond their female counterparts or who spoke their minds. My family has had to deal with this issue. My great umpteenth grandmother was accused of being a witch. Her name was Rebecca Addington Chamberlain. She was seventy years old when she was thrown in jail. The jails of those times were not known to be nice places. The accused witches were "questioned" or rather tortured to figure out if they would confess. Half the time the accused died during the questioning. Rebecca died in jail before her trial began.
Law Procedure

Some claim that women are too emotional, subjective rather than objective, and lack the requisite logical capacity for law practice. Today, the modern television shows seem to promote women lawyers as either ambitious or as having an agenda. This is in contrast to the portrayal of male lawyers that have a whole spectrum of good and bad. There are probably still some people that believe that women are still not capable of practicing law.

I found that the quote that came from Apostle Paul is out of context. It says that women were made to be companions to men not their slaves. That is how I see it. Bible verse

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