Woman's Constitution

Kenneth L. Karst
1984 Duke law journal  
The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible
more » ... es on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview. For one who presumes to lecture on woman's nature and its relation to American constitutional law, two comments by Virginia Woolf take on immediate relevance. On the subject of lecturing, Woolf said that it "incites the most debased of human passionsvanity, ostentation, self-assertion, and the desire to convert." ' As for discussing the nature of woman, Woolf said that it "attracts agreeable essayists, lightfingered novelists, young men who have taken the M.A. degree; men who have taken no degree; men who have no apparent qualification save that they are not women." '2
doi:10.2307/1372457 fatcat:glktuiorrjcfvclw46zsgddum4