Gender, Race, Social Class, and the Law.

The Grana, et al., article discusses the social variables of gender, race, and social class, in regard to the law. Specifically, examples of laws enacted due to these variables are described. Women’s rights in regard to paid labor, property, sexual harassment, and rape have changed over time, due to historical and social context; the authors point out that the implications of old laws (coverture, defined as a husband owning his wife) resonate even today. There are many examples of racial inequality within the law. For hundreds of years, African-Americans and Native Americans were denied the rights of white citizens (slavery, the Trail of Tears). Unfortunately, the article ends abruptly before delving too deeply into social class, though the Gideon v. Wainwright Supreme Court Case (1963) has some element of social inequality, given that the man on trial was African-American and also poor; he was unable to afford a lawyer and was told that the court would not provide one. Though undoubtedly his race had something to do with being denied counsel by the court, the fact that the man was notably poor and had four prior felonies likely contributed to his denial of rights.

The most illuminating aspect of the article is that these facts are known and not surprising. Despite the changes enacted in law over the last few hundred years, there is still a discernibly disproportionate number of African-Americans in prison, and laws on rape are still very narrow and can be extremely difficult to prove in a court of law, even if a confession and material evidence are present. Despite the assertion that all are created equal in the eyes of our forefathers, it is apparent that inequalities based on race, class, and gender prevail – even in the legal system – which indicates that oppression is alive and well in America. And, despite the changing of laws and outcries for justice, the inaction in regards to the inequality shows that Americans either do not know or do not care about the existence of such in the legal system.