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Essay heading: US Legal Tradition Concerning Gender-Based Discrimination
 
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Issue: Social Issues
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Date added: December 3, 2000
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No of pages / words: 3 / 694
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Brennan states that this paternalistic attitude, "in practical effect, put women not on a pedestal, but in a cage" (33). In the US legal tradition, the idea of natural law, or the "law of the Creator" (12), has been frequently cited as a basis for the denial of rights to women. Branley writes, "The constitution of the family organization, which is founded in the divine ordinance, as well as the in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood...
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Branley writes, "The constitution of the family organization, which is founded in the divine ordinance, as well as the in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood....So firmly fixed was this sentiment in the founders of the common law that it became a maxim of that system of jurisprudence that a woman had no legal existence separate from her husband" (12)...
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