Chapter 4

What stood out to me in this chapter was focus on pragmatism when considering how certain rights functioned. This first is mentioned on page 75 with the differences between real and formal equality. Wellman also brings up the arguments that sometimes rights simply aren’t effective, or are not the best way to solve a situation.

The right not to be raped becomes less effective because the laws are made in masculine terms and men are usually enforcing these laws (88). This right also faces pragmatic trouble due to the biased nature of the laws. The laws regarding what evidence is permissible and what presumed consent is, are skewed against women (89). I agree with Wellman that there should be increased efforts for rights, but it is also important to realize that the change won’t come only from rights. It is also important to make changes to social institutions and perceptions.

This social reform also seems to be necessary in any attempts to achieve fair wages. The right to equal pay doesn’t address the issues of actually getting a job. The issue is more than whether a woman executive will receive the same pay, it also includes whether that woman will ever make it to an executive role within the company. Discriminatory hiring, firing, and maternity leave practices will usually happen before a woman is able to exercise her right.

Achieving legal rights for women is important, however these are never a panacea. It is still necessary to make changes to the social and legal institutions because these shape how the law is written and enforced.

This makes me wonder if the proliferation of rights comes out of an idealistic desire to create a more just world and not just individual self-interest. Maybe rights should be the legal form of changes that are also being promoted on a social level.