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Justice and GenderAuthor(s): Susan Moller OkinSource: Philosophy and Public Affairs, Vol. 16, No.

1
(Winter, 1987), pp. 42-72Published by: Blackwell PublishingStable URL:
http://www.jstor.org/stable/2265205Accessed

Theories of justice are centrally concerned with whether, how, and why persons should be treated
differently from each other. Which initial or acquired characteristics or positions in society, they ask,
legitimize dif-ferential treatment of persons by social institutions, laws, and customs? In particular, how
should beginnings affect outcomes? The division of humanity into two sexes would seem to provide an
obvious subject for such inquiries. We live in a society in whose past the innate characteristic of sex has
been regarded as one of the clearest legitimizers of different rights and restrictions, both formal and
informal. While the legal sanc-tions that uphold male dominance have been to some extent eroded
within the past century, and more rapidly in the last twenty years, the heavy weight of tradition,
combined with the effects of socialization broadly defined, still work powerfully to reinforce roles for the
two sexes that are commonly regarded as of unequal prestige and worth.' The sexual di-vision of labor
within the family, in particular, is not only a fundamental part of the marriage contract, but so deeply
influences us in our most formative years that feminists of both sexes who try to reject it find
themselves struggling against it with varying degrees of ambivalence. Based on this linchpin, the
deeply entrenched social institutionalization of sex difference, which I will refer to as "the gender
system" or simply "gender," still permeates our society. This gender system has rarely been subjected
to the tests of justice. When we turn to the great tradition of Western political thought with questions
about the justice of gender in mind, it is to little avail. Bold feminists like Mary Astell, Mary
Wollstonecraft, Harriet Taylor, and George Bernard Shaw have occasionally challenged the tradition,
often using its own premises and arguments to overturn its justification of the unequal treatment of
women. But John Stuart Mill is a rare exception to the rule that those who hold central positions in
the tradition almost never questioned the justice of the subordination and oppression of women. This
phenomenon is undoubtedly due in part to the fact that Aristotle, whose theory of justice has been so
influential, relegated women and slaves to a realm of "household justice," whose participants are not
fundamentally equal to the free men who participate in political justice, but inferiors whose natural
function is to serve those who are more fully human. The liberal tradition, despite its supposed
foundation of individual rights and human equality, is more Aristotelian in this respect than is
generally acknowledged.2 In one way or another, liberals have assumed that the "individual"w ho is
the basic subject of their theories is the male head of a patriarchal household.3 Thus the application
of principles of justice to relations between the sexes, or within the household, has fre-quently been
ruled out from the start. Other assumptions, too, contribute to the widespread belief that neither
women nor the family are appropriates ubjects for discussions of justice. One is that women, whether
because of their essential disorderliness, their enslavement to nature, their private and particularist
inclinations, or their oedipal development, are incapable of developing a sense of jus-tice. This notion
can be found-sometimes briefly suggested, sometimes

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