Equal Protection before the Law

Dear Abbot:

You are wrong to defend the status quo between the genders. Haven’t women always been lesser citizens before the law?

New Man


Dear New:

It is hard to speak at once of all times and places, but it seems to me that generally, while men had some advantages in law over women, women also had some advantages in law over men.

For example, in various times and places,

- Women were de facto or de jure exempt from prosecution for most crimes. In Korea before the modern era, for example, a women could not be prosecuted for anything but treason. And almost universally, women are less likely to be charged, less likely to be convicted, and receive on average lighter sentences, for the same crimes. This is a pretty significant advantage at law, to my mind.

- Women are usually exempt from both military conscription and conscript labour.

- Some man—a husband or a father—has usually been legally obliged to provide for a woman’s material needs. Most often, women have not been legally liable for any particular quid pro quo in return.

- Women have had resort in law to charges of rape, sexual molestation, assault, or sexual harassment against any man. At least as a practical matter, men generally do not have this remedy against women.