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Compare And Contrast Muller V. Oregon

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In the midst of the Lochner era, many men, women, and children were forced to work long hours with minimal pay. The national government struck down state laws that standardized work regulation in order to promote a free economy. However, a new work precedent was set when Muller v. Oregon was decided upon. In Muller v. Oregon, Justice Josiah Brewer, along with the unanimous consent of the Supreme Court, decided to enforce a labor law on the basis of sex. Curt Muller was fined for forcing a woman to work more than ten hours and the Supreme Court upheld the charge because women are perceived as physically weaker than males at the time. (Brewer 82). This case used the hegemonic idea of the male patriarch in order to support the usage of labor …show more content…

Oregon decision, a precedent for labor hour laws was set based on genders. With the Industrial Revolution booming, many people have been looking for jobs at factories. With the factories, cheap labor is easy to find but the working conditions are harsh and the hours are long for minimal pay; one job is hard to support a family. As Woodrow Wilson put it, “There was a time when corporations played a very minor part in our business affairs, but now they play the chief part, and most men are the servants of the corporations” (Wilson 41). Labor laws are definitely needed during the Lochner era because many people were subjugated with terrible work because they needed to be able to support their family. Muller v. Oregon jumpstarted the nation into the transition for safer work and was a huge step for lining the nation into a safe haven for everyone. However, the execution of a safer world was inadequate because of its repercussions. With the hegemonic male patriarch in society, women are viewed as subservient in our society. The gender formation with amount of physical strength has translated to women being perceived as weaker and needing fewer hours in order to survive. They are constantly seen as weak because a “woman’s physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious” (Brewer 83). People view giving birth as females’ behaviors because males cannot give birth. Because women give birth, society inherently gives women the job of taking care of their offspring. Men have an inborn personality of independence and apathy; because women do not share the same characteristics, they view females as inferior. Men have synonymously put child birth and taking care of children as one value for women, making them inferior because males are not born with that characteristic of care. History has shown repeatedly that women are seen as weaker and this case further justifies this fact.

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