Women Dualism Summary

In “The Limits of Liberal Legalism: Marriage, Divorce, Pregnancy, and Abortion.” Alexis de Tocqueville thought that the American family was “haven of cooperation”. Women in those times didn’t fight for the same rights that men had. For years women that wanted to be independent were discriminated against and were denied jobs that were predominately done by men. During that time period there was no other way for a woman to survive without a man's help without being judged. Even though the woman's job was to tend to the children and the home the husbands impact played a big part in the proper way to raise children. A woman could do everything she possibly could to keep her family together but no matter what the woman did it was still not done properly if the man wasn't involved as far as society was concerned. It wasn’t that women weren’t smart enough it was because of ancestry and cultural beliefs. They were never given the opportunity to even prove that they can do the same things that men can maybe even better. In 1837 Professor Timothy Walker came to the United States and was disgusted with the legal authority that husbands had over wives. There were so many important issues that needed to be resolved in the United States immediately. For example: domestic abuse, divorce reform, alimony, property, credit rights while married or divorce, child support, and so much more. In 1970, the Ohio Supreme Court said, “that a wife was the most superior servant to her husband only chattel with no personality, no property, and no legal rights.” In 1974 Georgia approved the male was automatically considered the head of the household. As the years progress the law has changed so much when it comes to women’s rights. Women are now able to work any job they want, divorce their husbands, receive child support, …show more content…
First dualism is sexual dualism is complicated and often insincere glorification of women and the feminine. In the real-world men have exploited women for years. Some have put women on a pedestal and value women in their dreams. Second dualism are not equal but thought to constitute a hierarchy. Third law is identified with the masculine side of the dualism. Law was identified with hierarchically superior which was known to be the masculine side. Law was considered male not female dominate (Mill, 1970:101). Women were denied the opportunity to develop their fullest potential (Walkouitz, 1980:145) “Their chief focus was not transforming men or abolishing the dualism's, but on forcing a reevaluation of irrational passive, etc." For so long women were not allowed to practice law so that made it hard for the topic of women's rights to make it to the Supreme Court. In recent times any type of important decisions including law were only decided by …show more content…
(Tauh & Schneider, 1982:117) made a valid point involving the role a wife plays without a remedy against domination by her husband and on an ideological level, it devalued women and their functions. Many females feel that, “Feminist Legal Theory I” men also appear to want to control women and to control all the concepts on the right side of the dualism. They may want to distance themselves as a way of controlling them or they may want to control the woman in order to maintain their distance. Women seem to focus more on men’s desire to control them, but men seem more inclined to secondary to the