Exploring the Inequality Under the Law
DOI:
https://doi.org/10.54097/dm44m180Keywords:
Law, judicial system, inequality, gender, ethnicity.Abstract
As modern society has gradually shifted its focus from materialism to cultural development, equality has always been a universal goal worldwide and an enduring topic provoking heat debate in the academic sphere. It is commonly accepted that the law acts as a leading and pioneering role in the practice of equality, whereas the author disapproves this statement and will evaluate its existing injustice from the angles of ethnicity and gender, extending from previous scholars' studies. This article covers three main sections: introduction, main body and conclusion. Firstly, it judges the phenomenon of ethnicity inequality in the law referencing to the economic position and racial discrimination. The opposing side's analysis of the current improvement and geographical consideration will be reasonably refuted to further support the author's viewpoint. Subsequently, the author analyzes the system of gender blindness exhibited in the judicial system to demonstrate its practice of gender inequality, proposing reference angles and methods for addressing it.
Downloads
References
[1] Hindelang, M. J. (1969). Equality under the law. The Journal of Criminal Law, Criminology, and Police Science, 60 (3), 306-313. DOI: https://doi.org/10.2307/1141984
[2] Poverty rate by race and ethnicity U.S. 2023 | Statista. www.statista.com/statistics/200476/us-poverty-rate-by-ethnic-group/.
[3] US Average Hourly Earnings (I: USAHE) 35.21 USD for Aug 2024. https://ycharts.com/indicators/us_average_hourly_earnings.
[4] How Much Do Lawyers Cost? (2024 Guide) – Lawful. lawful.com/costs/how-much-does-a-lawyer-cost.
[5] Miller, L. (1966). Race, Poverty, and the Law. Calif. L. Rev., 54, 386. DOI: https://doi.org/10.2307/3479413
[6] Johnson, G. B. (1941). The Negro and crime. The Annals of the American Academy of Political and Social Science, 217 (1), 93-104. DOI: https://doi.org/10.1177/000271624121700112
[7] Garfinkel, H. (1949). Research note on inter-and intra-racial homicides. Social Forces, 369-381. DOI: https://doi.org/10.2307/2572490
[8] Saul R. (1959). Report of Study of Recorder's Court over 20-month Period, Levin Memorial Foundation, Inc., (unpublished mimeograph).
[9] Green, E. (1964). Inter-and intra-racial crime relative to sentencing. The Journal of Criminal Law, Criminology, and Police Science, 55 (3), 348-358. DOI: https://doi.org/10.2307/1141215
[10] Kholiq, A., & Halimatusa’diyah, I. (2023). Does gender blindness improve gender equality? female judges and the glass ceiling effect in the Islamic Judicial System in Indonesia. Social & Legal Studies, 32 (1), 139-158. DOI: https://doi.org/10.1177/09646639221094153
[11] Saari, M. (2013). Promoting Gender Equality without a Gender Perspective: Problem Representations of Equal Pay in F inland. Gender, Work & Organization, 20 (1), 36-55. DOI: https://doi.org/10.1111/j.1468-0432.2011.00554.x
[12] Goldar, M. G. (2024). The glass ceiling at the highest levels of the Spanish judiciary. In Women Judges (pp. 75-88). Routledge. DOI: https://doi.org/10.4324/9781003465140-6
[13] Feenan, D. (2008). Women judges: Gendering judging, justifying diversity. Journal of Law and Society, 35(4), 490-519. DOI: https://doi.org/10.1111/j.1467-6478.2008.00448.x
[14] Eisenstein, Z. R. (1984). Feminism and sexual equality. Bensing, R. C., & Schroeder, O. (1960). Homicide in an urban community. (No Title).
[15] Kanter, R. M. (1987). Men and Women of the Corporation Revisited. Management Review, 76 (3).
[16] Law, S. A. (1985). Equality: The Power and Limits of the Law. Yale LJ, 95, 1769. DOI: https://doi.org/10.2307/796474
[17] U.S.BUREAU OF THE CENSUS, POPULATION ESTIMATES AND PROJECTIONS, CURRENT POPULATION REPORTS, SERIES P25, No.922 (Oct.1982), at 1.
[18] OFFICE OF HUMAN DEV. ADMIN. ON AGING, U.S. DEPT. OF HEALTH, EDUC., & WELFARE, PUB. No. 77-20086, HOMEMAKER-HOME HEALTH AIDE SERVICES 15 (1977).
[19] M. Wrrr & P. MAHERNY, WOMEN's WORK: UP FROM .878, REPORT ON THE DOT RESEARCH PROJECT 11 (1975), discussed in Law, supra note 14, at 1307-08.
[20] Cole, D. (1985). Getting There: Reflections on Trashing From Feminist Jurisprudence and Critical Theory. Harv. Women's LJ, 8, 59.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Journal of Education, Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
