Do Women Judges Speak in a Different Voice? Sometimes, Some Women Judges Do
DO WOMEN JUDGES SPEAK "IN A DIFFERENT VOICE?" CAROL GILLIGAN, FEMINIST LEGAL THEORY, AND THE NINTH CIRCUIT Sue Davis* INTRODUCTION Feminist legal theory challenges the fundamental principles of Amer- ican law by uncovering the profound implications of the fact that the legal system was constructed, and until recently, interpreted and administered by and for men. Feminists have not only criticized specific judicial deci- sions and proposed legal reforms,1 they have gone further to question the fundamental concepts and methods of law.2 Feminist jurisprudence reaf- firms the conclusions of the legal realists and the Critical Legal Studies movement that law is neither neutral nor objective but serves to reinforce the dominant power structure. Feminist legal theory emphasizes the ex- tent to which the patriarchal character of that power structure shapes the law and in so doing, makes the domination of women "seem a feature of life, not a one-sided construct imposed by force for the advantage of a dominant group."3 Is it possible that as increasing numbers of women * Associate Professor, Department of Political Science and International Relations, University of Delaware. The author wishes to thank Sandra Harding, Carrie Menkel-Meadow, Valerie Hahns and Judy Baer for their helpful comments and suggestions. 1. See, e.g., CATHARINE MACKINNON, FEMINISM UNMODIFIED: DISCOURSES ON LIFE AND LAW (1987); Frances Olsen, Statutory Rape: A Feminist Critique of Rights, 63 TEXAS L. REV. 387 (1984); SUSAN ESTRICH, REAL RAPE (1987). 2. See, e.g., Martha Minow, The Supreme Court 1986 Term: Foreword:JusticeEn- gendered, 101 HARV. L. REV. 10 (1987); Ann C.
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