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5 Women & Crim. Just. ix (1993-1994)

handle is hein.journals/wwcj5 and id is 1 raw text is: 





Preface


   There is a curious passage in the famed code of Emperor Justin-
ian of the East Roman Empire. It reads:

     The Praetor ... forbids women to act as counsel for others.
     And the reason for this prohibition is, that for women to mix
     themselves in other people's lawsuits and to perform duties fit
     only for men is contrary to the modesty becoming their sex:
     the origin of this prohibition was occasioned by a most brazen
     woman named Carfania, who so troubled the magistrate by her
     shameless conduct in court as to necessitate the placing of this
     prohibition in the edict. (Dig. 3, 1, 1, para. 5)

   When Justinian's code was published in the sixth century, this
prohibition was already 500 years old. Nobody knows who Carfa-
nia was; and nobody can even guess what shameful act she
might have committed. The fact is that by scapegoating Carfania,
women were kept out of the system of justice in ancient times-a
condition that lasted for nearly two thousand years. This situation
surely has changed. There are now two distinguished women jus-
tices sitting on the United States Supreme Court. For the first time a
woman serves as Attorney General of the United States. And in our
professions of criminal justice and criminology, the number of dis-
tinguished scholars, women and men, who devote their research
efforts to gender issues is rapidly increasing. The journal Women &
Criminal Justice has been one of the most important sounding
boards for this research.
   I feel honored to have been asked to introduce this volume of the
journal which is currently entering a new phase of its distinguished
existence with the passing of the editorship from Professor Clarice
Feinman to Professor Donna C. Hale. I know this journal will
               Women & Criminal Justice, Vol. 5(1) 1993
          © 1993 by The Haworth Press, Inc. All rights reserved.  ix