Law and Human Behavior, Vol. 22, No. 1, 1998
Commentary
Approaches to Gender and the Law: Research and
Applications
Jane Goodman-Delahunty1
Three paradigms for gender research are reviewed, illustrated by examples from
employment discrimination law to highlight issues in research on gender and the law.
Next, an agenda for research on gender, social science, and the law is outlined, and
the five articles in this special issue are reviewed in terms of that agenda. Finally,
research ideas for the future and practical applications of the research presented in the
five articles are considered, specifically, the use of the reasonable woman standard and
expert testimony in sexual harassment cases, and the influence of sex roles and sex
stereotypes in producing gender effects.
As a point of departure and a framework for the discussion of studies of gender
and the law, it is significant to take note of the fact that in almost every state,
county, and local court, in every facet of the legal process, procedurally and adju-
dicatively, with few exceptions, systemic biases in the courts in favor of male par-
ticipants and against female participants have been documented (Schafran, 1987).
These biases have been evaluated and observed in formal and informal stages of
the legal process, including mediation, as evidenced in the treatment of female ver-
sus male attorneys, litigating parties, witnesses, and jurors (Hahn & Clayton, 1996;
Riger, Foster-Fishman, Nelson-Kuna, & Curran, 1995).
Legal doctrine, too, is replete with policies that reflect beliefs and assumptions
about gender differences, some more benevolent in origin, flowing from the parens
patriae doctrine, others with a more overtly hostile genesis. In the past, considerable
effort has been aimed at eliminating "gendered" laws, while other efforts have been
1Equal Employment Opportunity Commission, 2407 Calle Madiera, San Clemente, CA 92672 (e-mail:
janegedel@aol.com). The views expressed in this article are those of the author and do not necessarily
reflect those of the United States Equal Employment Opportunity Commission or any other government
agency.
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0147-7307/98/0200-0129$15.00/l © 1998 American Psychology-Law Society/Division 41 of the American Psychological Association