NCJ Number
170820
Journal
Law and Human Behavior Volume: 22 Issue: 1 Dated: (February 1998) Pages: 129-143
Date Published
1998
Length
15 pages
Annotation
This article reviews three paradigms for gender research, illustrated by examples from employment discrimination law to highlight issues in research on gender and the law.
Abstract
Three stages or paradigms of gender theory applicable to the law were distinguished by Menkel-Meadow and Diamond (1991) and are illustrated in this article by additional examples drawn from the field of employment discrimination law. This area of application was selected because it provides pertinent background to two of the five papers in this special issue of "Law and Human Behavior." Under phase one, commonality and similarity between males and females were emphasized; and in the second phase of gender theory, "difference theory" established a focus on the special status or rights of women versus men. As researchers and feminists came to incorporate a "no-differences" stance regarding gender studies, with the advent of postmodern feminism, the third phase of gender research emerged, focusing on the context- dependent experience of gender identity, the extent to which gender gaps exist, and the nature of those gender gaps. After a review and illustration of the three paradigms for gender research, the author outlines an agenda for research on gender, social science, and the law; and the five articles in this special issue are reviewed in terms of that agenda. Finally, research ideas for the future and practical applications of the research presented in the five articles are considered, specifically, the use of the reasonable-woman standard and expert testimony in sexual harassment cases, as well as the influence of sex roles and sex stereotypes in producing gender effects. 54 references