ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides the study of gender and the law. It considers how key theories view critical concepts in relation to the law. The book explains that gender theorists agree that gender is socially constructed – but suggest that sex is as well. It explains that in the nineteenth century, the legal positions of women and men were drastically different, especially when they were married. The book examines the question continues to be treated as at least partly medical. It summarizes that the concepts of 'woman' and 'man' are much more complex than common-sense understandings may suggest. The book explores that there are many different feminist responses to the question of gender difference. It begins with the question: if one's sex is still important in the legal system, how does the law decide whether its subjects are women or men?