Legally Male: The Role of Legal Language in Maintaining Sexism

Psychological studies and feminist theories have determined the existence of many forms of
male bias in the English language. Male bias can be traced through American history in the form of laws of coverture and the categorization of women in law. Taking into account the connections between sexist language, history, and law, this paper investigates 1) how and why legal language is biased, 2) why male bias has persisted in law over time, and 3) what impact male-biased law has on women. The works of ancient philosophers, feminist historians, psycholinguistic scientists, and modern philosophers of law are used to explain the patriarchal gender hierarchy’s influence on law. Case law and legal policies demonstrate that sexism has been maintained through history due to the preservation of male-biased language and the exclusion of women from the public sphere. Today, the use of masculine generics continues to taint the legal profession by reflecting, rather than denouncing, its patriarchal roots.