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Substantively Just Law in Society

     The law in our society is regarded by some as unjust in many cases. Many arguments may be put forth to elaborate each side’s expression of the legitimacy and impartiality which the law does encompass or not. Nevertheless, many law theorists have demonstrated that there is an imbalanced relation of power which, in essence, resides in our system of law. This imbalance is recognized when we discuss issues regarding gender and the law. Although many standpoints may be examined, the approach taken by this essay involves the views of a few theorists, we may call them for the purposes of this essay, and how they understand the concerns involved with inequality by means of the law. To be substantively just, the law must not be gender blind.

     When taking an in-depth view of certain legislation and wrongdoings against women that occur in society, we can suitably raise arguments as to the causes of these offences. Catharine Mackinnon seeks to incorporate all known facts, very different from anything previously understood and calling attention to contexts in our society previously ignored. The structure Mackinnon must overthrow, in order to make the law do what she thinks it must, is the First Amendment. She looks at this law like the best way, or the only way, to solve the problem of pornography. ... The racial abuse says, "You not a human, just something else," and the sexual taunt says, "You have no individuality, no personality, just your body matters.


Approximate Word count = 1162
Approximate Pages = 4.6
(250 words per page double spaced)
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Substantively Just Law in Society

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