Module 2 - Justice in Practice

Lesson 2

Gender and the Double Standard: What Does Justice Look Like for Women?

Guiding Questions

• Are men and women treated equally under the law?

• How do legal systems reflect — or challenge — cultural gender roles?

• What happens when women defend themselves?

One Law, Two Realities?

In theory, justice is blind to gender.

In practice, the outcomes often tell a different story.

For example:

• A man who uses force in self-defense may be praised as brave.

• A woman in the same situation — especially if she is protecting herself from a partner — may be treated as the aggressor.

Legal systems are shaped not only by laws, but by the social assumptions that surround them. Gender roles influence not just how we act — but how we are judged.

Historical Context

The law has not always seen women as equal citizens. Examples from history include:

• In the 1800s, married women in many countries had no legal identity separate from their husbands.

• Domestic violence was long considered a “private matter” — rarely investigated or prosecuted.

• The stereotype that women are “gentler” or less violent has made it harder for them to be taken seriously when defending themselves.

Though legal reforms have been made, these legacies still shape how justice is delivered today.

Case Reflections (Fictionalized for Teaching)

Case A:

Maria, a young woman, defends herself from her abusive boyfriend. She injures him — and is arrested. He is not.

Case B:

James is attacked by a stranger. He punches back in defense. He is praised for protecting himself.

Same action: self-defense.

Different outcome: based not on law, but on gender expectations.

What Philosophers Say

Simone de Beauvoir — The Second Sex

Argued that women have historically been seen as “the other,” defined only in relation to men. Justice must recognize women as full subjects in their own right.

Martha Nussbaum — Capabilities Approach

Believes legal equality isn’t enough. Justice must ensure all individuals have real-world access to safety, dignity, and opportunity.

bell hooks — Feminist Theory

Critiques how both patriarchy and racism intersect to disadvantage women, especially women of color. She calls for a justice system grounded in empathy and intersectionality.

Two Perspectives

Traditional View:

The law is neutral. Any difference in outcome is based on facts, not gender.

Feminist Legal View:

The law may appear neutral, but it reflects the biases of the society that wrote it. Gender roles — even unspoken ones — influence outcomes in courts, police stations, and legislation.

These perspectives raise a powerful question:

Can justice be equal in a society that is not?

Justice in Self-Defense

All over the world, many women are imprisoned for defending themselves against abusive partners.

Critics argue this reflects a dangerous double standard:

• Women must not only prove they were in danger —

they must also behave in a way that aligns with cultural ideas of femininity.

• If they act too forcefully, they are seen not as survivors — but as threats.

The law may ask: “Was her use of force justified?”

But society asks: “Did she act like a proper woman?”

Reflect and Discuss

• Have you seen examples of gender double standards — in law, school, or media?

• What would a justice system free from gender bias look like?

• Should the law treat everyone the same — or recognize different lived realities?