Student No. ___________

Gender & Justice 
1997 Answer Key

I. Social Practices or Norms Portraying Women as Unreasonable

___ 10 Can't escape history (relatively recent): no right to vote until 1920; women not permitted to speak in public; coverture; prohibited from jury service; woman property (and property can't think); society was created by men, and norms are male MacKinnon
___ 10 Women's communicative approaches (storytelling, apologies, qualifiers) and ways of thinking deemed less reasonable and valuable than men's (e.g., Kohlberg: males' analytical approach superior to relational approach of females); women also penalized (viewed as harsh, aggressive, and ultimately unreasonable, as in Price Waterhouse v. Hopkins) if they depart from traditionally female approaches
___ 5 Myths re domestic violence: popular beliefs that battered women are masochistic, crazy, or uneducated
___ 5 Rape myths (e.g., women lie and use rape charges as revenge); Roiphe's The Morning After
___ 5 Division of labor: domestic/wage-earning; chores within home
___ 5 Pop culture portrayals of women
___ 5 Treatment of women in employment (occupational segregation by sex; glass ceiling; income), court, political impact (numbers of women elected officials); women perceived as less capable
___ 5 For women of color, extra layer: whiteness is equated with reason, nonwhiteness unreason
___ 10 Innovative arguments

II. Case Law or Legislation Promoting Assumption of Women as Lacking in Reasoning Ability

___ 5 Paternalistic or protective legislation (e.g., early labor laws up to Michael M.)
___ 10 Rape laws requiring resistance, Goldberg v. Maryland, lack of consent, older rule re- corroboration; sexual harassment law requiring unwelcomeness ' women must prove agency; assumption is women can't reason even re simple Ayes@ or Ano@ decisions; discounting women as accusers (e.g., Anita Hill)
___ 10 Abortion: entire structure of Roe v. Wade; Casey (women can be given information and required to wait 24 hours to contemplate); state can make poor women's choices for them Rust v. Sullivan, Maher v. Roe, Harris v. McRae
___ 10 Regulation of surrogacy, Baby M., pregnancy, and contraception (Norplant) -- state regulation is better than individual decisions women make and must protect women from the consequences of their own decisions
___ 5 Domestic violence: Ano drop@ policies (women cannot make the decision)
___ 5 Reasonable woman standard in sexual harassment law Ellison v. Brady
___ 5 United States v. Virginia: single-sex education justified in lower courts based on biological differences; Sup. Ct. assumes most women wouldn't want military education
___ 10 Innovative arguments

III. Have Feminist Scholars Added to the Myth

___ 5 Liberal feminism retains men as the model, thus differences viewed as unreasonable (or demanding of special treatment)
___ 5 Even equal treatment theory (a demand for equal rights) may seem unreasonable, since it defies conventional expectations of women
___ 10 Cultural feminism: Gilligan -- gender differences in moral reasoning (relational, caring approach v. analytical, logical); Gilligan's point (two approaches are different, not superior, but hard to look at difference without creating hierarchy; experimental studies re different voices have mixed results (p. 64); biological theories, like West's, may contribute to innate differences notion
___ 5 Unnecessary radicalism (e.g., ERA II) v. Stridency of dominance theory, rage and rebellion mistaken for unreason
___ 5 MacKinnon-Dworkin pornography ordinance: Regulation of pornography (presumes women are powerless to consent or contract) v. Depiction of women in pornography is objectification and ordinance meant to spark a dialogue
___ 5 Some feminists have created hierarchies (exclusion of black women in early days of suffrage; exclusion of lesbian feminists; contemporary exclusion of men from feminist theory) ' validation of process of hierarchy-building
___ 5 Sears Rosalind Rosenberg's testimony supporting Achoice@ theory
___ 10 Innovative arguments

IV. Recapturing Reason

___ 5 Point out the dualism of reason and emotion
___ 5 Explode myths of gender essentialism, as Angela Harris does, by pointing out that women have various different experiences depending on different facets of identity (e.g., race and class)
___ 5 Expand consciousness raising to men: create empathetic understanding of experience
___ 5 Legitimizing women's Aways of knowing@ (e.g., pioneering work of Lenore Walker showing how battered women acted reasonably for people in their situation; MacKinnon's development of sexual harassment law
___ 5 Continue to fight for equality, establish competence, politically and socially
___ 10 Innovative arguments
___ 10 Thorough analysis
___ 10 Organization (a sensible, clearly demarcated method of organizing, style, format

(exam # on all pages, number pages) ______