• commentary
  • MONDAY DECEMBER 3 2007 4:00 PM

The Long Dick of the Law



I really liked this post, about a woman law student's experience of law school, and particularly about class discussions of pregnancy--and by extension, reproductive rights law.

I am uncomfortable talking about pregnancy and abortion in class because it is a fundamentally unequal disruption of the imperfect but generally stable power dynamics in a law school classroom.
....
the vast majority of women will have to personally cope with pregnancy. A phenomenon which literally happensi inside our bodies, which when unwanted is an intrusion upon the most fundamental of accepted rights. And a statistically stunning one hundred percent of the men will not.

No, it doesn't matter that we're educated. Women with postgraduate degrees do, in fact, still have children. An unfertilized egg does not die from invisible LexisNexis rays; there is not a lost-and-found full of fallopian tubes in the law library. It's intriguing, too - fertility used to be a prized excuse for keeping women out of higher education, and now we're supposed to use it to differentiate between we, the Brilliant and Educated Future Lawyers, and those Other Women, you know, the ones who Get Pregnant.

And all of my professors are male. My writing fellow is male. The dean of my law school, along with the dean of admissions and the president of the university, is male. (Their secretaries/research assistants that I've met are, of course, female.)


This is why the argument that people so often resort to when gender comes into the discussion--that talking about gender is "not objective," that feminists "have an agenda" (which apparently people who don't care about feminism lack?!?)--is so deeply flawed. Because the presumption is that the "objective" point of view is the one that is somehow disembodied, unsexed, ungendered.

Well, think about that. *Is* there such a thing as a disembodied, unsexed, ungendered human being?

And since there isn't, how could it even be possible to view "women's issues"--pregnancy, reproduction, abortion, childbirth--in an "objective," disembodied way? The fact is that some human beings can get pregnant (whether or not they ever do), and other human beings can't (however much they may love children). All the human beings that can get pregnant are women. None of the human beings who can get pregnant are men.

What this means, for women law students--and by extension, for any woman whose reproductive behavior, decisions, history, accidents, luck, or misfortune happens to intersect with The Law--is that The Law is not, and can never be, truly "objective." As the linked post puts it,

when being "apolitical," or "impartial," or "logical," is (or is perceived to be) valued over "I have the right to choose when and if a fetus grows inside my body," because the fact that it is unquestionably about my life makes it political, that is an unequal discussion.


That's a very central, arguably *the* central, feminist point. If "objective" means "ungendered," then equality is fundamentally unequal. In this world, the one we live in at the moment, this inequality mostly (but not always) hinders women, because those aspects of humanity that are specific to women, or perceived as mostly women's province (reproduction, kids, housework, private life) are the ones that are seen as optional, as "choices," as alternatives to the (single, childless, defined by paid employment, fully autonomous) "norm."

Using a blind woman to symbolize justice is kind of fucked up, if you think about it.

Bitch_PhD finds discussions of feminist jurisprudence fascinating.

 

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Eveyelle

Eveyelle

I'm lost
November 2007

DEC 04, 2007 12:01 PM

RileyStClair said:

freshprncebelair said:
Additionally, having kids IS a choice that you make, given the wide availability of so many different types of birth control.



ok wow.
do you seriously not get that women, as the bearers of children, are the only ones who have to bear the inconvenience of that? yes, ideally whether or not to have children is a choice, but someone's got to be doing the birthing here--does that make it ok to continue to operate society in a way that ignores this difference, to the detriment of women? as long as men can choose to have children without being adversely affected in the workplace (or anywhere else) while women cannot, the system is flawed, see?



It should also be pointed out that the idea of having kids as a choice because of the wide availability of birth control is a very general statement that doesn't take into account all socioeconomic backgrounds. Unfortunately, no matter how many programs are put into place, the uneducated and underpriveleged are not always able to obtain birth control. Consider that a recent Consumer Reports study tested various brands of condoms. The condoms that most significantly and consistently failed the tests were those given out by the government through programs specifically for the lowest socioeconomic classes. (Conspiracy theorists alert!) Therefore, getting pregnant isn't always a choice except when you consider that it is every person's choice to engage in sex in the first place. And we all know that abstinence works so well. Also take into account that those in the lowest socioeconomic class are also usually the least knowledgeable about sex and health issues as our national public school system does not have an effective program for teaching this information.

The point you are making in your article is that inherently, there can be no gender equality. But, it also seems that you are insisting that this can also only be to the benefit of men. Try also taking this argument and looking at it from a masculine approach. We are all agents of our own power regardless of gender. Power can be obtained, used, wielded in a number of different ways that may not always be immediately evident.

grrowler

grrowler

Sarasota, FL
October 2007

DEC 04, 2007 01:00 PM

kinda like forcing someone onto a rollercoaster ride. You can come out with a fucked up neck/back, but thats the risk you take when you go on. Forcing someone to do something that could change their life forever (for the positive or negative), is wrong in all cases imo.

Ascanius

Ascanius

USA
October 2006

DEC 04, 2007 10:45 PM

Is anybody else really disappointed by Dr. Bitch's lack of follow through with this article?

Clidna

Clidna

Canada
January 2005

DEC 04, 2007 11:16 PM

JunkyardAngel said:

SPOILERS! (Click to view)

freshprncebelair said:

RileyStClair said:
yes, ideally whether or not to have children is a choice, but someone's got to be doing the birthing here--does that make it ok to continue to operate society in a way that ignores this difference, to the detriment of women?



There aren't many ways to fix this, especially in fields where the high level of competition means that taking a year off to raise children is going to derail your career. Maybe extreme laws could help, but it's doubtful



Taking a year off to RASIE a child? Um...they do not go from birthin' to raised in a year.

Why bother have kids if you see them as an impediment to your career?? Make the choice to have your career, there is nothing wrong with that.

I know that is not really Bitch's topic. I am just commenting on the idea that kids are an impediment, a hindrance--both negactively connoted words. If you feel kids are a negative in your life and you would rather do the career thing, why put that on a kid's head? Have your career or do whatever it is that you want and just don't have kids.

I don't want kids for many reasons, one of the main ones being that there are just other things I would rather do with my life.


Anyway....let the arguing continue.


The point is, women shouldn't have to choose. We should be able to have kids and a career, just like the majority of men. We shouldn't be penalized in the workplace for being the one in the relationship that has to physically give birth.

(Also, the whole taking a year off to raise a child bit - a good number of workplaces give a year's maternity leave (in Canada, it's law); that would be the point of that post.)

It's not to say that children themselves are a hindrance, but that the act of having children, and taking time off from work to do so, can hinder (or slow the progress of, if you prefer) one's career - something that only the females in the workforce have to consider. That is what needs to change. In effect, we are penalized for being the half of the species with the ability to grow and give birth to a child.

emotedcreations

emotedcreations

Germany
July 2006

DEC 04, 2007 11:19 PM

Ascanius said:
Is anybody else really disappointed by Dr. Bitch's lack of follow through with this article?

Yes, it seems it needs clarification at least to me, and we're (I'm) not getting any.

smithers_jones

smithers_jones

I'm lost
November 2003

DEC 04, 2007 11:47 PM

It's not the length of the dick of the law that matters, it's the girth. FYI.

Sacrificial_Lamb

Sacrificial_Lamb

New Zealand
November 2005

DEC 05, 2007 12:45 AM

Just by saying "person in potential" shows that you did not think that life begins at conception. Lets say hypothetically we all accept that life begins at conception. It then is no longer the "rights of a person in potentia" but the rights of a person trump the rights of a woman in whose body that person is gestating. But what is the grater right, to live or, lets be a little extreme and say, to be tortured (childbirth) assuming that there is no reason to assume that ether mother or child will die as the result of the birth. I think if you mention to an objective observer that the death would be a child's (people just love kids) the would suggest that the tortured would be a lesser crime.
But even accepting that life begins at conception I think the world could do with a few less people.
On a bit of a side note around here we have "the morning after pill" its like a really early abortion and my mom being a pharmacist so she can dispense it, and from what she has been telling me it sounds like people are just using it instead of the pill and they often get the same people in nearly every week. I don't know how much birth control piles cost but it seems like some people think this is cheaper or simpler. I don't know where I was going with that but there it is anyway

JunkyardAngel

JunkyardAngel

San Gabriel, CA
February 2006

DEC 05, 2007 03:54 PM

Clidna said:

JunkyardAngel said:

SPOILERS! (Click to view)

freshprncebelair said:

RileyStClair said:
yes, ideally whether or not to have children is a choice, but someone's got to be doing the birthing here--does that make it ok to continue to operate society in a way that ignores this difference, to the detriment of women?



There aren't many ways to fix this, especially in fields where the high level of competition means that taking a year off to raise children is going to derail your career. Maybe extreme laws could help, but it's doubtful



Taking a year off to RASIE a child? Um...they do not go from birthin' to raised in a year.

Why bother have kids if you see them as an impediment to your career?? Make the choice to have your career, there is nothing wrong with that.

I know that is not really Bitch's topic. I am just commenting on the idea that kids are an impediment, a hindrance--both negactively connoted words. If you feel kids are a negative in your life and you would rather do the career thing, why put that on a kid's head? Have your career or do whatever it is that you want and just don't have kids.

I don't want kids for many reasons, one of the main ones being that there are just other things I would rather do with my life.


Anyway....let the arguing continue.


The point is, women shouldn't have to choose. We should be able to have kids and a career, just like the majority of men. We shouldn't be penalized in the workplace for being the one in the relationship that has to physically give birth.

(Also, the whole taking a year off to raise a child bit - a good number of workplaces give a year's maternity leave (in Canada, it's law); that would be the point of that post.)

It's not to say that children themselves are a hindrance, but that the act of having children, and taking time off from work to do so, can hinder (or slow the progress of, if you prefer) one's career - something that only the females in the workforce have to consider. That is what needs to change. In effect, we are penalized for being the half of the species with the ability to grow and give birth to a child.



I understand your point, but that was not what I was talking about.

My point was simply that I think that if you choose to have children, you should stay home and raise them. Of course I understand that this is not a viable option for everyone, but it IS a viable option for many many women who choose to let nannies and day-care providers raise their children, so they can have that huge house, gigantic flat screen tv/entertainment system, or whatever.

Children by and large do better in school and in everyday life when they have mothers who are able to--and choose to--stay at home and mother them.



It's not to say that children themselves are a hindrance, but that the act of having children, and taking time off from work to do so, can hinder (or slow the progress of, if you prefer) one's career - something that only the females in the workforce have to consider. That is what needs to change. In effect, we are penalized for being the half of the species with the ability to grow and give birth to a child



Well, if you take time off from college it hinders the progress of getting your degree, right? So of course taking time off from work hinders progress up the ladder, that's just logical; it is not something that is DONE to a person just because of their gender. While it may be "uneven" I do not see how it is unfair. We can have babies, men cannot: is that fair/equal? It just IS.

Is it unfair because men cannot get pregnant? Because by that standard men could say that it is unfair that women CAN get pregnant and get that 1-year paid maternity leave.

All things in life are not equal. That alone does not make them wrong.

If women wish to work and climb the ladder (and fight the unfair pay battle!!), more power to them. But why then also choose to have a baby and "interrupt" that climb--and then blame the employer? It's just not logical. It's like taking a year off of college to travel and then blaming the Dean for not graduating "with your class."

If women do choose to--or have to--take a year off, okay, that's their right, but they should also realize that that year off WILL hinder things in the workplace.

Seems logical to me.

And thanks for not insulting my hideous typing!





JunkyardAngel

JunkyardAngel

San Gabriel, CA
February 2006

DEC 09, 2007 09:18 PM

oyaji said:

JunkyardAngel said:
My point was simply that I think that if you choose to have children, you should stay home and raise them. Of course I understand that this is not a viable option for everyone, but it IS a viable option for many many women who choose to let nannies and day-care providers raise their children, so they can have that huge house, gigantic flat screen tv/entertainment system, or whatever.



Isn't it equally an option to stay at home for the men in those same relationships? Why do you assume that it is the woman who is being the materialistic fuckbag by not staying home to raise the kids, if that is a possibility for the couple from an economic standpoint? Why shouldn't the man in the relationship be equally subject to this sort of criticism?



Who said the man couldn't or shouldn't stay home? Who even mentioned men? The topic is WOMEN who feel they have been wronged if they take a year off to have a child and therefore lose time or points in the "ladder climb" to success.

Since human men cannot yet carry or give birth to babies, they cannot get "pregnancy leave" - so the subject is moot.

If you want to talk about stay-at-home dads, have at it. Write a book if you want to.



Formus

Formus

Milwaukee, WI
May 2007

DEC 09, 2007 09:22 PM

oyaji said:
abstract bullshit

epistemologically retrograde



JunkyardAngel

JunkyardAngel

San Gabriel, CA
February 2006

DEC 09, 2007 09:36 PM

JunkyardAngel said:

oyaji said:

JunkyardAngel said:
My point was simply that I think that if you choose to have children, you should stay home and raise them. Of course I understand that this is not a viable option for everyone, but it IS a viable option for many many women who choose to let nannies and day-care providers raise their children, so they can have that huge house, gigantic flat screen tv/entertainment system, or whatever.



Isn't it equally an option to stay at home for the men in those same relationships? Why do you assume that it is the woman who is being the materialistic fuckbag by not staying home to raise the kids, if that is a possibility for the couple from an economic standpoint? Why shouldn't the man in the relationship be equally subject to this sort of criticism?



Who said the man couldn't or shouldn't stay home? Who even mentioned men? The topic is WOMEN who feel they have been wronged if they take a year off to have a child and therefore lose time or points in the "ladder climb" to success.

Since human men cannot yet carry or give birth to babies, they cannot get "pregnancy leave" - so the subject is moot.

If you want to talk about stay-at-home dads, have at it. Write a book if you want to.



I would like to edit my above comment to say instead,
"Blah blah blah blah and more blah. Who even mentioned men?

Bah!"

Because really, what do words matter around here?

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