The Sexual Difference Model
The difference model emphasizes the significance of gender differences and holds that these differences should not be obscured by the law, but should be taken into account by it. Only by taking into account differences can the law provide adequate remedies for women’s situation, which is in fact distinct from men’s. The difference model is in direct opposition to the sameness account which holds that women’s sameness with men should be emphasized. To the sameness feminist, employing women’s differences in an attempt to garner greater rights is ineffectual to that end and places emphasis on the very characteristics of women that have historically precluded them from achieving equality with men (for example, see the protective laws).
Read more about this topic: Feminist Legal Theory
Famous quotes containing the words difference and/or model:
“The invention of photography provided a radically new picture-making process—a process based not on synthesis but on selection. The difference was a basic one. Paintings were made—constructed from a storehouse of traditional schemes and skills and attitudes—but photographs, as the man on the street put, were taken.”
—Jean Szarkowski (b. 1925)
“...that absolutely everything beloved and cherished of the bourgeoisie, the conservative, the cowardly, and the impotent—the State, family life, secular art and science—was consciously or unconsciously hostile to the religious idea, to the Church, whose innate tendency and permanent aim was the dissolution of all existing worldly orders, and the reconstitution of society after the model of the ideal, the communistic City of God.”
—Thomas Mann (1875–1955)