Kerber is expert at locating or coining pithy phrases that
sum up big ideas and really give you a handle on the topic at hand. Here are some examples:
“The dilemma of difference”: This phrase gets across the
challenge they had in arguing for women’s role in jury. They had to show equal capacity and
obligation. But, they also had to show
difference—for, if men and women were the same then (by virtue of “virtual
representation”) men could stand in for women.
Also helpful is “Jane Crow”.
Finally, the phrase that encapsulates her thesis: “the wages
of gender are not privilege.”
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