The Comparative Sociology of Women Lawyers: The "Feminization" of the Legal Profession

Abstract

This paper explores the several dimensions of the term "feminization" of the legal profession. On the one hand, we can consider the profession feminized simply by the increased number of women in the pro- fession. On the other hand, the question of whether the profession will be "feminized"--that is, changed or influenced by women in the profession--is an issue of a different order. There is some level of complexity even in the definition of "feminized." For those who attribute "feminine" qualities to women (or to men), the legal profession becomes feminized when those feminine qualities are recognized, appreciated and absorbed into the performance of legal tasks and functions (empathy, relatedness, nurturance, collectiveness) (see Lenz and Meyerhoff 1985 and Sherry 1986). For others the profession becomes "feminized" not by stereotypic attributions of gender qualities (Olsen 1986) but by a "feminist" influence on the profession which includes particu- lar substantive changes, not only in the practice of law (i.e., adaptation of work to family) but in the law itself (ranging from employment discrimination issues to family law and criminal law). The issues here, which derive in part from important work being done in the field of feminist jursiprudence (Mac- kinnon 1983, Wishik 1985, Littleton 1986), are concerned with whether women who enter the profession will conform to a "male" model of what it means to be a legal professional or whether the profession will innovate and adapt to new, previously excluded, entrants who may have new perspectives to offer on how the practice of law can be conducted.

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