GENDER INEQUALITY

THE INTERPLAY BETWEEN RULE OF LAW AND SOCIAL NORMS

Abstract

Numerous empirical studies have established that “Rule of Law” is positively associated with various socioeconomic development indices, including higher GDP levels and lower infant mortality rates. Against this backdrop, Pistor undertook a study, “Social Norms, Rule of Law and Gender Reality”, that attempts to clarify the universal appeal and socioeconomic impact associated with rule of law. In her study, she found a low, or no, positive correlation between rule of law and gender equality. Pistor explains this phenomenon through emphasizing the importance of social norms in determining gender roles.

This paper attempts to reconcile the gap between existing empirical studies that demonstrate rule of law’s positive impact on socioeconomic development and Pistor’s finding in rule of law’s lack of impact. Through a more comprehensive conceptualization of rule of law and a more expansive discussion of Pistor’s case studies, this paper explains the counter-intuitive results from her study.

While this paper disagrees with how her analysis unfairly undermines the impact rule of law can make to enhance gender equality, it reaffirms her assertion that social norms is a significant impediment to women rights. In order to promote women’s status in society, policy measures should aim at reforming legal institutions and rectifying prevalent sexist norms in parallel to facilitate the promotion of gender equality.