About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

41 DePaul L. Rev. 1021 (1991-1992)
Social Construciton, Roving Biologism, and Reasonable Women: A Response to Professor Epstein

handle is hein.journals/deplr41 and id is 1031 raw text is: SOCIAL CONSTRUCTION, ROVING BIOLOGISM, AND REASONABLE WOMEN: A RESPONSE TO PROFESSOR EPSTEIN Kathryn Abrams* INTRODUCTION Richard Epstein has presented us with an article that is provoca- tive in more than its title. In Gender Is for Nouns,' he emphasizes the role of biology in socially observable differences between men and women, and previews his broader proposal for the repeal of em- ployment discrimination laws.' In responding to ah article whose perspectives and normative commitments lie at some distance from my own, I will endeavor to meet the same goal Professor Epstein sets for himself: to court controversy, while avoiding descent into the merely captious. Professor Epstein's arguments rest on two primary persuasive ef- forts. First, he seeks to persuade us that his principal oppo- nents--those who view gender differences as socially con- structed-seek to banish biological influences from their accounts of differentiation between women and men. Second, Professor Epstein hopes to demonstrate that Title VII seeks to erase all differ- ences-whether biologically or socially created-between men and women in the workplace, and impose an artificial, potentially costly, identity. In this article, I will question both of these propositions. First, I will address Professor Epstein's account of sex-or gen- der-differences, explaining that, in theory and in practice, the posi- tions of social construction advocates are considerably more com- plex, and demonstrably more necessary, than Professor Epstein suggests. Second, I will offer a competing view of Title VII litiga- tion, one which suggests that antidiscrimination efforts have been characterized by multiple remedial strategies, some of which may * Professor of Law, Cornell Law School, and Associate Professor, Program on Ethics & Public Life, Cornell University. 1. Richard A. Epstein, Gender Is for Nouns, 41 DEPAUL L. REV, 981 (1992). 2. See RICHARD A. EPSTEIN, FORBIDDEN GROUNDS: THE CASE AGAINST EMPLOYMENT DIs- CRIMINATION LAWS (1992). 1021

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most