Sex

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SEX. The physical difference between male and female in animals.
     2. In the human species the male is called man, (q.v.) and the female, woman. (q.v.) Some human beings whose sexual organs are somewhat imperfect, have acquired the name of hermaphrodite. (q.v.)
     3. In the civil state the sex creates a difference among individuals. Women cannot generally be elected or appointed to offices or service in public capacities. In this our law agrees with that of other nations. The civil law excluded women from all offices civil or public: Faemintae ab omnibus officiis civilibus vel publicis remotae sunt. Dig. 50, 17, 2. The principal reason of this exclusion is to encourage that modesty which is natural to the female sex, and which renders them unqualified to mix and contend with men; the pretended weakness of the sex is not probably the true reason. Poth. Des Personnes, tit. 5; Wood's Inst. 12; Civ. Code of Louis. art. 24; 1 Beck's Med. Juris. 94. Vide Gender; Male; Man; Women; Worthiest of blood.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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Gendered social behavior and appearance are assumed to correspond with one of two discrete biological sexes. It is assumed that sex can be deduced from appearance, and institutions and interactions are organized around that premise (Gagne & Tewksbury, 1996; Lorber, 1994).

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