civil laws.
The “reasonable man”standard dominated tort law for generations. based upon male-dominated scenarios of the fam- ily. 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 impor- tant to examine 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 lim- ited 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.
Despite any gains, women legisla- tors 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 enlightenment” would have been a closer question.
O 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 ap- pearances on CNN, MSNBC, Fox News Channel have been in conjunction with high profile cases and important legal issues.
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Ms. Levenson is a member of the Judiciary Committee: Los Angeles County Bar Association, Special Master: Los Ange- les County Superior Court; and the U.S. District Court for the Central District of California.
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