Throughout history, discussions pertaining to law have predominantly been steered by men. However, spanning from Renaissance Italy to remote regions of India, these women from history battled for their rightful place in the legal arena. Amidst some of the most transformative shifts within the field, these uncelebrated trailblazers remained in the shadows. The time has come to delve into their narratives.
Women in Law Today
Despite the efforts of law firms to elevate their gender diversity objectives and a general uptick in women pursuing careers in law, the narrative encompassing its history has remained predominantly centered around men. The gender gap has diminished compared to the past, witnessing an approximate 7% rise in the number of women within law firms between 2010 and 2022. Nevertheless, the gender divide varies across locations. Explore further insights on the gender pay disparity.
Nonetheless, men still dominate upper echelons, as evidenced by the fact that only 35% of law firm partners are women. Some firms even disclose staggering pay gaps of more than 60% between male and female lawyers. Skeptics may attribute this phenomenon to the historically male-dominated fabric of the legal field – but is that the complete story? Women have valiantly fought for their standing in this arena for more than a century, overcoming formidable hurdles. Here, we delve into the profiles of some of the most remarkable women who shattered conventions!
Historical Context: The Sex Disqualification Act
The Sex Disqualification (Removal) Act, ratified on December 23, 1919, marked a significant turning point by granting women entry into professions, professional associations, participation in juries, and access to degrees. This transformation had long been anticipated in British society, with women repeatedly striving to surpass barriers, only to face continuous resistance.
Before the Act's passage, the entire landscape of professions and academia was exclusively male-dominated. Even though it would take another three years for a female solicitor to be officially appointed, the deeply entrenched discrimination against women persisted. Even after the legal change, private institutions such as universities retained the authority to reject women's admission based on gender.
The battle against such prejudicial practices was an ongoing struggle. In 1872, Myra Bradwell, a U.S. citizen, sought a law practice license from the state of Illinois. Despite possessing the necessary qualifications, Bradwell was denied solely because she was a married woman.
Famous Women Throughout Legal History
Giustina Rocca
Hailing from Trani, Italy, Giustina Rocca holds the distinction of being the very first woman in history to engage in the practice of law. Her legal endeavors spanned the Renaissance era, culminating in her passing in 1502. As the daughter of an orator within the Naples senate, Rocca specialized in diplomatic affairs between Trani and Venice.
A widely acclaimed figure, Rocca's legacy has left an enduring mark, with the Penal Chamber of Trani bearing her name. Revered as "a symbol of parity and advancement, a precursor to contemporary quests for gender equality," she stands as an inspiration for Tranese and European legal practitioners alike.
One of Rocca's most renowned cases, a dispute involving inheritance rights, reached its resolution on April 8, 1500. In 1533, a biography penned by fellow Trani jurist Cesare Lambertini commemorated her life. Rocca's enduring legacy was further cemented as she was immortalized as Portia in William Shakespeare's play, "The Merchant of Venice."
Eliza Orme
In 1871, when University College London opened its doors to both men and women, Orme eagerly seized the opportunity and was among the first to attend lectures. Throughout her student years, Orme accumulated numerous scholarships and accolades; however, she was denied the privilege of obtaining a degree. Her long-awaited degree would only be conferred upon her in 1888.
Despite the Sex Disqualification (Removal) Act not being enacted until 1919, Orme remained undeterred. In 1875, she partnered with her friend Mary Richardson to establish their own office. There, she worked as a 'devil,' meticulously preparing documents for wills, mortgages, and property transactions.
Cornelia Sorabji
Sorabji, an Indian legal practitioner, social reformist, and author, held a fervent belief in women's entitlement to education. She etched her name in history as the inaugural female graduate of Bombay University and the pioneering woman to pursue law studies at Oxford University, subsequently earning entry into Oxford's All Souls College.
Upon returning to India following her studies at Oxford, Sorabji plunged into social endeavors, championing the cause of purdahnashins – women secluded from interaction with the male world. However, Sorabji encountered a barrier: her inability to legally represent purdahnashins in court due to her lack of professional status within the Indian legal fraework, owing to her gender.
Despite these hurdles, Sorabji broke new ground by becoming India's first female advocate. Her journey reached a pivotal juncture in 1923 when she secured recognition as a practicing female barrister, marking a groundbreaking moment in India's legal landscape.
Helena Florence Normanton
Normanton was the inaugural woman to harness the potential of the Sex Disqualification (Removal) Act of 1919, seizing the opportunity to become part of the legal profession. Remarkably, she wasted no time, enlisting in the Inns of Court the very day following the Act's Royal Assent.
Having studied modern history at the University of London, Normanton then delved into lecturing on the subject at both Glasgow University and London University. Amidst her scholarly pursuits, she dedicated herself to writing about feminist matters and addressing gatherings of the Women's Freedom League. Her multifaceted engagement extended to penning the book 'Everyday Law for Women,' wherein she recounted her journey as a barrister.
In a poignant passage from her book, Normanton mused, "I still do not like to witness women being disadvantaged due to a lack of basic legal understanding, an omission that is all too common among men."
Dame Rose Heilbron
Heilbron's career was marked by numerous groundbreaking achievements for women. She claimed the distinction of being the first woman to secure a first-class honours degree in law from the University of Liverpool, the pioneer in winning a scholarship to Gray's Inn, and one of the initial two women appointed as King's Counsel in England, alongside Helena Normanton. She further distinguished herself as the first woman to lead in a murder case, the inaugural woman recorder, the first woman judge to preside at the Old Bailey, and the pioneering woman to hold the position of treasurer at Gray's Inn.
In 1975, Heilbron's pivotal contribution played a crucial role in overhauling rape laws. The subsequent amendments encompassed safeguarding the anonymity of complainants and restricting the defense's cross-examination regarding the complainant's sexual history—a tactic that had often been employed to assail their character.
Her daughter Hilary Heilbron penned a biography of her in 2012.
For a lawyer, prowess lies in their capacity to champion their clients' rights and surmount adversity. For these women of law, their fight for rights was a continuous endeavor. Their accomplishments against all odds remain noteworthy to this day, signifying the genesis of feminist thought and offering an exemplar for generations of women yet to come.
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