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 consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.
Kenneth L. Karst, Woman’s Constitution, 1984 Duke Law Journal 447-508 (1984) Available at: http://scholarship.law.duke.edu/dlj/vol33/iss3/1
November 3, 1983