Originally posted by LeMartinPecheur
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"Man" originally meant "human, mankind" (from Proto-Germanic manwaz - cognates: Old Saxon, Swedish, Dutch, Old High German man, German Mann, Old Norse maĆ°r, Danish mand, Gothic manna).
Anglo-Saxon distinguished the sexes by: wifman (female man - cf Dutch vrouwmens. It's where 'wife' comes from and explains uses such as housewife and fishwife); and werman or waepman (male man) - the first uses the prefix wer- as in werwulf, the second is possibly smutty joke since it means 'human with a weapon'. Wifman became wimman (plural wimmen).
However, the Clapham omnibus quote became reasonably well known after McQuire v. Western Morning News [1903] 2 KB 100 (CA) at 109 per Collins MR. Thus it is more likely to reflect the conventions of senior judges in 1903, which was only 21 years after married British women had been allowed to own property. In 1888 R v Clarence 22 QBD 23 had quashed the conviction of a husband who'd knowingly infected his wife with an STD because she was his wife and was thus deemed to have consented to intercourse. We've come on a bit since then.
Therefore, I suspect "the man on the Clapham omnibus" was very much a male in the mind of Master of the Rolls Collins - and of most other people.
However, that doesn't make the phrase sexist, since it has actually been used (in my experience) to represent the public at large. Now, if the expression used had been "Joe Public" or "yer average bloke in the street", it would have been equally gender-biased but not at all sexist since the usual meanings of those phrases are equally general. "Father Christmas" is arguably a more sexist expression.
It's not a very useful expression now, of course, because it's so old-fashioned. There are (believe it or not) people around who don't know what an omnibus is, quite apart from the rather unnecessary debate about sexism.
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