When I was in the 10th grade only a decade ago, my English teacher made it perfectly clear: in English, the generic singular pronoun is masculine. If someone wants to object to this convention, he should take it up with the Saxons. This is not difficult and following this rule merely places us in a long line of English-speaking people. But now that I’m in law school, I’m noticing an apparently concerted effort to change this convention. What I don’t see is a good reason for doing so.
The issue has been discussed in many fora, including this representative article. The use of the masculine pronoun is now viewed by our culture as inherently sexist. The alternatives range from illogical to utterly bizarre:”she,” “(s)he,” “he/she,” and, “they” are some common examples, the latter of which amounts to a decision to replace the singular pronoun altogether with the plural. Some of the more creative approaches involve alternating “he” and “she” every time a generic pronoun is required.
The solution to this imaginary problem which legal writers have apparently adopted is the blanket use of the feminine. Therefore, whenever examples are given in law school (and there are lots of examples), all the criminals, tortfeasors, parties, judges, attorneys, witnesses, and victims are women.
Since English has no separate generic pronoun, we obviously have to use something. The compound pronouns (he/she) are unwieldy and the plural pronoun (they) is just simply wrong: Any student interested in the optional seminar should bring their enrollment form to class. That is (and should remain) a wrong answer on the SAT.
So then what’s the answer? It is suggested that using the masculine is sexist. If this is true, using the feminine is no less sexist. Since we are resolved that our only options are sexism or the devolution of the English language, let us err on the side of sexism. Furthermore, though the number of women in the legal profession is increasing, men still constitute the vast majority of American judges, lawyers, and criminals. So if we are going to be sexist anyway, let us do so in a way that is not only supported by over a millennia of tradition, but is also likely to be accurate four times out of five.
Latest Comments
RSS