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While Catharine MacKinnon presents a politically powerful theory of sex inequality that does not ignore cultural and constructionist elements, the frequent conflation of biology, sex and gender conveys a deterministic appearance to her work which leaves little scope for individual agency. See C. MacKinnon, Feminism Unmodified: Discourses on Life and Law (Cambridge, Mass.: Harvard University Press, 1987); Toward a Feminist Theory of the State (Cambridge, Mass.: Harvard University Press, 1989).
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For analyses of the antipathy towards women in the context of the nascent equality discourse at the time of the French Revolution, for example, see Eroticism and the Body Politic, ed. L. Hunt (Baltimore, Md.: Johns Hopkins University Press, 1991); J.B. Landes, Women and the Public Sphere in the Age of the French Revolution (Ithaca, N.Y.: Cornell University Press, 1988)
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See, for example, C. Forell, “Reasonable Woman Standard of Care”, University of Tasmania Law Review 11 (1992), 1–16.
Although there are some recent exceptions. See, for example, R. Collier, “Masculinism, Law and Law Teaching”, International Journal of the Sociology of Law 19 (1991), 427–451; Collier, supra n. 15. The critique of law and legality by the male-dominated American Critical Legal Studies Movement tended to steer clear of gender, as can be seen from the work of leading “Crits” (Critical Scholars). For an overview of the Critical Legal Studies Movement, see R.M. Unger, The Critical Legal Studies Movement (Cambridge, Mass.: Harvard University Press, 1983).
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I do not deny that some women use their sexuality in the workplace to their own advantage, although it is likely to detract from their authority. See, for example, C. Cockburn, In the Way of Women: Men’s Resistance to Sex Equality in Organisations (London: Macmillan, 1991), 155.
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The work of feminist ethicists, such as Gilligan and Noddings, have sought to shake off the seeds of invidiousness associated with caring within masculinist discourses. See C. Gilligan, In a Different Voice: Psychological Theory and Women’s Development (Cambridge, MA.: Harvard University Press); N. Noddings, Caring: A Feminine Approach to Ethics and Moral Education (Berkeley: University of California Press, 1984).
The feminist debate that counterpoises an ethic of justice with an ethic of care has the unfortunate effect of fostering the masculinist myth of autonomy, as shown by G. Clement, Care, Autonomy and Justice: Feminism and the Ethic of Care (Boulder, Col. and Oxford: Westview Press, 1996), 69f.
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A version of this paper was presented at Joint Meetings of the American Law and Society Association and the Research Committee on the Sociology of Law of the International Sociological Association, University of Strathdyde, Glasgow, 10–13 July 1996. It draws on research conducted for M. Thornton, Dissonance and Distrust: Women in the Legal Profession (Melbourne: Oxford University Press, 1996). This work was based on interviews with more than 100 women lawyers, including students, practitioners, academics and judges, located in all States of Australia and the Australian Capital Territory. Interviewees were selected through State law societies, law deans and student law societies, as well as through personal recommendation and “snowballing”. I am indebted to Krysti Guest for conducting many of the interviews and to Jean Crowther for transcribing many of the tapes. I also acknowledge the financial assistance received from the Australian Research Council and the former School of Social Sciences, La Trobe University.
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Thornton, M. Authority and Corporeality: The Conundrum for Women in Law. Feminist Legal Stud 6, 147–170 (1998). https://doi.org/10.1007/BF03359628
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DOI: https://doi.org/10.1007/BF03359628