Leaning in and Lying Down: How Workplace 'Equality' has Failed to Result in Equality of Work-Life Balance

AuthorShannon Buckley Barnes
PositionSenior Sophister LL.B. (Pol.Sc) Candidate, Trinity College Dublin
Pages148-161
© 2017 Shannon Buckley Barnes and Dublin University Law Society
LEANING IN AND LYING DOWN:
HOW WORKPLACE ‘EQUALITY HAS FAILED TO
RESULT IN EQUALITY OF WORK-LIFE BALANCE.
SHANNON BUCKLEY BARNES*
Introduction
‘First I was a lovely wife, picturesque and pensive, showed no signs of
inner life beyond the slightly inoffensive. Now I must assert myself and
break out if I can, which isn’t easy for a woman written by a man.’
1
In examining the existence of gender inequality and the way in which it
has been retained and perpetuated throughout the ages, it is necessary to
look at the law and the role it has played in reinforcing and shaping this
inequality. Indeed, it would seem that with regards to gender equality for
women, the law has been ‘written by a man.’ McKinnon advances the
theory that ‘the state is male’,
2
and it is this inherent maleness of the
state that has resulted in a law which is masculine in its outlook.
Consequently, the law has failed to consider the female experience, and
thus identify and acknowledge it in as great a capacity as that experience
which is male, and is unable to view such inequality and work to remedy
it within a context that considers both a male and female understanding.
The law will ‘always start in a particular culture’
3
and it is this overriding
masculine culture of the male state through which the law has prioritised
the male perspective. As a result, the male experience has become the
lens through which many of the rules, customs and norms in society are
* Senior Sophister LL.B. (Pol.Sc) Candidate, Trinity College Dublin. The author would like
to dedicate this article to all women. The author would also like to thank Senator Ivana
Bacik, Brónach Rafferty, and Caroline Murphy for their suggestions and guidance on this
article.
1
Peter Crawley, ‘Culture Shock: Is it really so hard to write about women?’ The Irish Times
(Dublin, 27 November 2015); Arthur Riordan and Bill Whelan, The Train, quote from
is-it-really-so-hard-to-write-about-
women-1.2446131> accessed 13 February 2017.
2
Catherine A MacKinnon, ‘Feminism, Marxism, Method and the State: An Agenda for
Theory’ (1983) 8(4) Signs 635, 644.
3
James Boyd White, ‘Law as Rhetoric, Rhetoric as Law: The Arts of Cultural and
Communal Life’ (1985) 52 U Chi L Rev 684, 695.

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