be eradicated by cultural change, unlike biological
differences which were seen as immutable,
the
exposure of gendered or sociaHy constructed differences
was an effective strategy for defying male dominance.
For feminist lawyers the distinction between sex and
gender assisted in exposing how these assumptions
were also embedded in the structure and logic of law.
The sex/gender distinction gave to nse attempts to
ascertain which differences were biological and which
were sociaL Some feminists argued that most of the
differences
between
men
and
women
which
institutions like the law regard as natural or 'given'
are, in fact, sociaHy construed and therefore subject to
change. From this proceeds the argument either that
women could behave like men, or that men could be
socialised to behave more like women.
Bartky, for
instance, argues that even the typicaUy female body,
generaHy regarded as 'natural', is produced by three
types of social practice: 4
105. The statement made in paragraph 11 of the Respondents' Affidavit is
based on stereotypes, Messrs E. Bonthuys and Cathrine Albertyne
stated as follows at page 26:~
"Stereotypes contain both descriptive and normative elements
- they describe how certain people are, but also prescribe
how they should behave5 • The belief that stereotypes reflect
'natural' or biological differences between men and women
translates into a view that behaviour which defies stereotypes
4
5
The Feminine Body in Jaggar & Rothenberg (eds) Feminist Frameworks 454, 455.
O'Sullivan 'Stereotyping and Male Identification: 'Keeping Women in their Place"' 1994 Acta 547 549-550.
Page 33 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law
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