One can look at many other areas of the law to see in the influence of gender on our crimi- nal and civil laws. The “reasonable man”standard dominated tort law for generations. based upon male-dominated scenar-scenarios of the family. Even the basic procedural
rights in our court system – such as the right to serve as a juror – were constructed from a male perspective. It is remarkable to consider that only thirty years ago, women in some states could not serve on juries unless their husbands signed an affidavit stating that they were not needed at home.
Why, you might ask, is it important to ex- amine who wrote the laws? It is important because as society changes, so must the laws. The laws are not etched into tablets. They are a reflection of the wisdom of their drafters. If these drafters have limited life experience and perspective, the laws will suffer from those limitations as well. In 2007, the National Foundation for Women Legislators reported there were 87 women serving in the U.S. Congress -- 16 in the Senate and 71 in the House. The proportion of women in state legislatures was at 23.5 percent.
In the past elections, women made only
modest gains. There is one more woman Senator, making the total 17. The House of Representatives gained 3 more women, bringing the percentage of women legislators in the House to 17% (74/435). At the state level, the percentage of women rose to 24.2%. (Linda Feldman, Women Make Modest Gains in 2008 Elections, Christian Science Moni- tor, Nov. 16, 2008).
Despite these gains, women legislators in the United States lag far behind many countries, ranking only 71st out of 188 countries in the Inter- Parliamentary Union.
Of course, it would be wrong to suggest that all women think alike or that only women can protect women’s rights, but given the chauvinistic history of many of our laws, it is undoubtedly a good idea to get fresh perspectives on those laws. Life would have been different if women wrote the laws. It might still have been wrong for Eve to have eaten of the forbidden fruit, but whether it was known as “original sin” or “original enlighten- ment” would have been a closer question.
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course, it would be wrong to suggest that all women think alike or that only women can protect women’s rights.....
Laurie L. Levenson, Esq. is a Professor at Loyola Law School in Los Angeles. A William M. Rains Fellow, Ms. Levenson is a well-known author, speaker and TV commentator. Her appearances on CNN, MSNBC, Fox News Channel have been in conjunction with high profile cases and important legal issues.
Ms. Levenson is a member of the Judiciary Com-
mittee: Los Angeles County Bar Association, Special Master: Los Angeles County Superior Court; and the U.S. District Court for the Central District of Califor- nia
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