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Liberal Feminism 2 and Shifting Concepts on Equality 1

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Social Science
SOSC 1350
Julie Dowsett

LIBERAL FEMINISM: ON WOMEN’S RIGHTS AND GENDER ROLE SOCIALIZATION (PART 2) 3. Gender Role Socialization* - Feminist concentrate on reform not revolution ** a.“sex” vs. “gender” - they considerated on sex and gender - The difference is that sex is biological and gender is a choice - Gender is culturally definition - Sex is male and female, gender is masculinity and femininity - Biological sex difference between male and female - Gender is the host of social, political an cultural and meanings given to the sex differences - Many babies are born intersexed - Generally , there are distinguished characteristics , but intersexed who has reproductive and anatomy and don’t fit the female or male reproductive system - Intersex anatomy doesn’t show up with born, sometimes in puberty or problems with fertility - Western European doctors have not considered intersexed anatomy (attached to two genders, if intersexed people are worried) - Policy was to cut first then ask questions later (moto) - ^ In puberty however, can be very traumatic for them (suicide) - Women are better at care giving then men supposedly, given girls kitchens, men are supposedly better at mathematics and science, but from childhood we discourage girls math and science, women are more interested in biology or examining their bodies - Simone de Beauvoir wrote the book called The Second Sex, 1949, “ One is not born but rather becomes a woman” b.“biological determinism” or “biology is destiny” - the biology is destiny, women and men are born with social roles (women are emotional, men are tough) women are biologically are the only people that can give birth, this then makes them responsible for the children c. “Women Sort Yourselves Out” - (video) process that continues into adulthood, largely depended by birth or chosen gender - It saying that men shave and get drunk, and women have to take of private and public sphere, and women are always so self-conscious to themselves, saying that women are valued at their attractive-ness, women still have to take care of children even if they have other things to do d.cisgendered vs. transgendered - cisgender and transgender, cisgender are sometimes referred to as gender abnormitives, many are considered cisgenderd (if you are a girl you are a girl,)and transgender are generally who’s gender identity do not correspond with their anatomy (born male then turned female), intersexed people fall within one or the other or refer as “intercepts” - To not make any assumption, pronouns should be avoided - Hetrosexual/ “homosexual” - Karl Maria Kertbenyie ^^ 1868 in decriminalizing with gay men - Sambia, Papua New Guinea (English tried to abolish men on men action) had male and male relationships - Ancient Greece given association with children, that there is no contradiction for the male citizen to engage in sex with men or women - An example is from xanith of oman are males who enjoy the rights of men and law, shipped with other men and also reform the women in household and attractiveness is measured, and these days xanith, therefore more than two genders and sexualities 4. Contemporary Cultural Anxieties Concerning Gender a.J. Crew and “Toemageddon 2011” - A video, concerns a J crew ad about little boy wearing pink nail polish, Toemageddon 2011 b.Baby X - Fictional story about a baby that is publicly described to have no gender and just an “x” c. Baby Storm - Real story about parents choosing not to reveal the sex/gender of baby to the world 5.Contemporary Liberal Feminism on Equality - liberal feminism are likely to go into politics *Note: Not exclusively a concern of liberal feminists. SHIFTING CONCEPTIONS OF EQUALITY (PART 1)** Rights work where people are in a position to press for them; for others they give only the caricature of justice. —Elizabeth Wolgast (1929-present) A: Formal vs. Substantive Equality 1. Competing Conceptions of Equality - no one claims to go against equality (only traditional people) - Ones view of equality and conditions to secure on equality depends on one’s approach - Still argued as a liberal concept 2. Formal equality a.what equality means - concept of formal equality is premise on the idea that quality is treating likes a like - Dates back to ancient Greek philosopher Aristotle - Means it treats likes alike - ^ gets rid offormal barriers and is fair, individual treatment before law b. Sameness - everyone should be a subject to formal equality - Indian act would not be racist because w treat aboriginal people the same - According to formal equality at most the law should ensure education - Formal equality is superficial and concentrates on “sameness” - formal claims to be fair, the sameness, but clearly, not everyone can have advantage c. focus on procedures - as long as you have procedures (focus on sameness) you have neutral equality - Formal equality treats individual treatment before the law 3. Substantive equality a.what equality means - Substantive is enracises an elective right and as equality as possible as society’s goods - Instructs courts the actual impacts of the laws (see what is being effective) be flexible to different individuals - Recognizes in order to be treated equally, you have to treat people differently b.effects of a practice or policy - Not enough not enough to get rid of formal barriers, but also to have positive policies to reduce disadvantages - ^ sometimes you have to treat people differently, to have equitable outcome c. difference - can say that negative liberty is like formal equality and positive liberty is like substantive equality B: Judicial Review and Equality in Canadian Law 4. Brief History of Judicial Review a. Dr. Bonham’s Case (Britain, 1690) - Theory to practice, principle of judicial review is why the bill of rights and Canadian bill of rights is important, because they shaped the in conceptions of Canada - Judicial review is the idea that judges may evaluate statues and laws, according the standards of higher law, and chose to not enforce that they find lacking, the higher law is always constitutions ** - Giving judges authority - Allows unelected judges to overrule law that are passed by politicians - Cannot vote judges out of law, but politicians you can vote them off - Feminists, they have been cautious of judicial review, never entirely supported or dismissed it - Quote by Lord Edward Coke, is irrelevant, about a doctor who is practicing without a license - Didn’t get juridical review is not from Britain, had little influence by Britain but mainly influenced by England b. Dred Scott v. Sandford (U.S., 1857) - Missouri Act of 1820, was to prevent slavery moving northward - ^ just to anti-slavery going in the north th - after civil war the 14 amendment was passed - Declared everyone citizens and everyone should vote (not women, but blacks) - Tried to strike down anti-regulations - Idea that judicial review is a conservative, striking down legislations to help people c. Brown v. Board of Educati
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