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Lecture 11

SOSC 1910 Lecture Notes - Lecture 11: Wage Labour, Liberal Feminism, Don 2


Department
Social Science
Course Code
SOSC 1910
Professor
Dorathy Moore
Lecture
11

Page:
of 4
Paternalism/ Patriarchy SOSC 1210 Feb 24/ 10
1. The model of patriarchy
2. Social changes and the persistence of patriarchy
a. Maternal feminism
b. Early liberal feminism
Case law
Racism series
o Philips case- principle how we de-racialize an issue
o RDS/Sparks- case of the black judge- the court tried to come to grips with the context of young black men
being stopped by a white police officer- judge contextualized it;
Gays and Lesbians- revolve don 2 principles
1) Establishing grounds for discrimination in HR codes- fed and provincial- Mossop & Vriend
2) The charter- how things were read in; analogous-Egan
Feminists: fight for social equality of women and men
Model of Paternalism/ Patriarchy- similar to colonialism
1) Invalidation myth: weaker sex, emotional;/ irrational, less intelligent
2) Inferiorized attribute: sex
3) Invalidation ideology: sexism
4) Majority policy: regulation to the private sphere, gender role subordination (master/ servant relationship), obedience
required (might= right)
5) Outcome: created dependency (on males or the state), collective disadvantage, systemic inequality.
Just as there is an ethno-racial hierarchy, There is also a patriarchal hierarchy
Just as there is nothing inherently inferior in racialized populations, though they are inferiorized, the same applies to
women
Model is based on assumed differences btwn the sexes
Historically males are assumed to be superior based on the notion that might is right
Women were believed to be the weaker sex, as a result innately inferior in every way; including intellectually
One of the invalidation myths; women are naturally inferior
Wide spread believe has resulted in Gender Subordination
in its origins the patriarchy of women I si along master servants lines
case in which systemic discrimination is a large problem; structured into the social system
not just our customs but the law as well
historically women and children were considered to be under the protection of males
in the case of adult women unmarried, they were under the protection of their father
they were taken care of b/c they were assumed to take care of themselves
as long as the “obeyed” masters they were treated in a kindly way
model that is based on the authority of males over women and children and the authority based on the assumption
that men are the super ordinate of the species dn thus have the right to run the social system
for women and female children this is a permanent condition
men had the right to total authority to govern, establish the rules
historically women considered to be property; had no rights to property, no voting rights, were not considered
persons, subject to the discipline of the male figure
The Persons case-
The Rule of thumb- man had right to disciple wives so long as it was not bigger than his thumb
Social Changes
Overtime the economic base of society has changed; big increase in wage work with industrial revolution and many of
the family worked, including children
Movement in England, Over time legislation to protect women and children against harsh working conditions
Resulted in mandatory schooling for children and the attempt to keep women out of the labour force
This is the beginning of Maternal Feminism
Maternal Feminism
Resulted dint he artificial division of the public and private spheres of life
Chun suggests that reforms under this feminism had some unintended consequences
Reinforced idea that women’s place was in the home and out of the public sphere
As women were increasingly denied access to wage work in the public sphere, if she did have to work, the man was
considered ‘deficient’; not a real man
The classic division of labour- legitimate work; reproductive labour(child bearing, rearing) and domestic labour
Men were assumed to be responsible for wage labour for financial support of the family
Family wage- Was assumed that men were paid enough to support the entire family
This assumption was not entirely valid- many not paid enough to support fam
In Canada racialized minorities, immigrants and unskilled labour
Not paying family wages further inferiorized these populations
Meant that women attached to these males had no choice but to work-either in the declared and undeclared labour
markets(private work)
System was structured as though women were not working
Assumed that women was at home supporting the labour of her husband
Beginning of the double day phenomenon; Social standard that Women working outside the home and doing the
domestic labour in the home
That pattern still evident in 1950s until period in WWII were it was acceptable for women to work
Early 1940s to end of WWII there were more women than men in the labour force
The UDHR made gender equality an issue in 1948
Not until 1979 that the UN adopted the convention of the elimination of all discrimination against women- general
woman’s bill of HR
All of our law and policies were based on the assumption that women did not work
Even when women married and enter work force in 60s policies and laws changed very little
By 1960s women were working longer after marriage
By 1970 51 % of married women were working
However there were 2 things that did not change
1) The idea that domestic and reproductive labour was still women’s work
2) Idea that men were the breadwinners not women
Womens work outside the home was devalued because it was believed that women didn’t really need to work; based
on the assumption that men were paid the family wage
Women’s domestic and reproductive work is not worth anything; haven’t been paid
In exchange received food and shelter
Murdoch case
o Marriage breakdown- little compensation given to women
o Calgary ranchers wife did 25 yrs of labour in the ranch
o Cased ended in SCC where she was claiming an interest in ranch because of labour
o Courts said no she interest in the business; she was doing what any ranchers wife would do
When women enter into the labour force 2 main things happen
1) Paid less for doing the same job
Demonstrates systemically based low wages
Women’s low wages are built right into the cost or value of goods being produced
2) Hiring women into “women’s jobs”
Part time job with no benefits- pink collar work
Arose a practise of excluding women from traditional male work
Help wanted male/female- shows how this excluded women from men’s work
Some of it based on perceived inability to do certain jobs
Some exclusion is based on lack of qualifications ‘legitimate exclusion’
Education
Women’s education designed to make her a good wife
Assumed should would marry and have a family- not be an old maid
Just as racialized minorities were streamed so too were women
Required to take home making class
Were to take typing and dictation
Weren't expected to go to university, let alone professional school
Late 60s under 20 % of university students were women
Educational opportunities were few and the expectations were very low
This enhances the created dependency
Film: In the Face of Justice
Contextualization of women
Importance of getting women’s real life experiences into legal dialogue Daigle
Looks at early attempts by women to change the law
As well as the liberal feminist challenge to the law and the legal profession
Persons case-
Viola desmond, rds, Murdoch and sparks case, some applicable to both women and racialized
Neutrality in law is deceptive- masks a norm- where equality has not been achieved
Clara Martin- became canada’s first woman lawyer
Women were not allowed to vote, sit as jurors, judges- no room in world of law for women
Were told they were taking the place of men who had to provide for their families
Only women that should be in laws school were those who didn’t marry- had to provide for themselves
Had to put up with comments from the group
Persons case- women’s rights
Appeal to privy council in England-1929
Famous 5 women from Alberta laughed fight to SCC to get qualified women to be appointed to the senate
SCC declined proposal
Case appeal to privy council and ruled that the constitution was like a living tree and should be interpreted along with
evolution of the time
Desmond Case- women’s rights and racialized minority issues
Viola Desmond African Canadian lawyer lead impt battle against racism
Refused to sit the balcony of a movie theatre- many which were segregated by race
Taken before local police magistrate and was charged with tax evasion
Symbolizes how Canadians hide racist pass through race less measures
Case moved to judicial review- the original conviction was not overturned
Raises issue of justice and neutrality of the law
If justice is blind- then it cannot notice race, class and gender
If you cannot notice this, this is not justice
60s/ 70s woman’s movement gained momentum and responded to shifting social conditions
1970s- First time many women entered law school and began to practise in the legal profession
Not just access to public life, also wanted to use law to challenge rights to divide assets of marriage
Murdoch
Fight for the division of property after marriage breakdown
After 25 yrs of marriage claimed that she should be entitled to some property
SCC says law does not provide for that
Creates catalyst of legislative reform in Canada
We see the tradition notion of marriage and property, and roles of men and women reinforced by law
Law says your equal and now you don’t need any financial support- very formal notion of equality
This is not true, it equal if women are unable access education, enter workforce they are at a greater disadvantage
This is contradictory
1985- section 15 was enacted and women’s LEAF- legal education action fund
First charter case- Andrews- first step to defining equality jurisprudence under the charter