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Margaret Thornton, "Authority and Corporeality: The
Conundrum for Women in Law", Feminist Legal Studies VI/2 (1998),
forthcoming: Despite a significant increase in the number of women in
the legal profession, women continue to be disproportionately represented
in the lower echelons. It is apparent that the liberal progressivist thesis,
which avers that the asymmetry will be remedied through numerosity, cannot
be sustained. Structural theories of discrimination may be invoked to explain
the gender differential, but it is argued that such theories are inadequate.
The key to the conundrum lies in the social construction of femininity
and masculinity through what are termed the 'fictive feminine'
and the 'imagined masculine'.Drawing on qualitative research conducted
for Dissonance and Distrust Women in the Legal Profession (Melbourne:
Oxford University Press, 1996), the paper considers the ways in which the
gender boundary is maintained so that the masculine remains the norm
and the feminine the `other' for legal practice. It is argued that
mechanisms emphasising the sexed body of the woman lawyer, including
eroticisation, abjection, and motherhood, continue
to reproduce conventional notions of the feminine and to diminish the authority
of women as legal knowers in subtle ways. e-mail: m.thornton@latrobe.edu.au
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