Review by Choice Review
O'Donovan poses a challenging thesis-that the legal disparities between men and women originate in a philosophical and historical distinction between the public and private domains. The private domain is characterized as the arena of legal nonregulation, the public domain as the arena of legal regulation. O'Donovan bases her analysis on classical liberalism. Women's lives tend to be governed more by the private domain than by the public. Therefore, their social position must, by definition, be inferior to that of men. This phenomenon, she argues, can be seen in laws (or the absence of them) which govern the market place, the family, property, marriage, and sexual relations, among other things. Her final chapters are prescriptive, designed to point toward a solution to the inequities built into the English and American legal systems. Her critique of liberalism reflects the present Critical Legal Studies movement, although she does not seem to be a diehard CLS advocate. Although the book contains ample footnotes and a list of recommended readings, it is uneven, inconsistent, and at times incoherent. O'Donovan's recommendations for positive change are never clearly articulated. For those interested in a cross-cultural analysis of women and the law, the book might prove useful; otherwise, it is recommended only for those libraries with extensive collections devoted to women's studies.-M.A. Foley, Marywood College
Copyright American Library Association, used with permission.
Review by Choice Review