This document summarizes a book by Catharine MacKinnon titled "Feminism Unmodified" which collects her speeches and writings from 1981-1986. Some key points:
- MacKinnon argues that feminism needs to be "unmodified" and independent from other theories like liberalism or Marxism which fail to address women's political subordination to men.
- She analyzes how law and society are structured from a male point of view, defining women in relation to men. Pornography constitutes women as sexual objects for men's use.
- MacKinnon critiques the feminist movement's focus on differences between men and women rather than the systems of power and domination that create gender inequality.
The document discusses several concepts from Rousseau's works, including:
1) Conflicts arise between claims of justice based on strength versus claims based on need or first possession, leading to violence.
2) Rousseau argues that justice comes from submitting to conditions imposed on others, and justice must be reciprocal to be accepted.
3) Putting the law above man is problematic, as the legislative power is essential to the state and laws must have ongoing force from the people's will to govern.
The Social Contract and Retributive JusticeTinyDancer1189
The document discusses Thomas Hobbes and Robert Nozick's social contract theories and their views on punishment and justice. Hobbes believed people voluntarily give up rights to live in peace under a social contract and authority. Punishment is justified as long as it benefits society. Nozick focused on individual rights and minimal government. Both philosophers saw punishment as necessary to correct wrongs and maintain order, but Nozick argued it should be impartial. The document also examines how these theories relate to the debate around capital punishment in Kuwait.
John Rawls was a political philosopher who argued that a just society should prioritize civil liberties and fairness. He believed that principles of justice could be determined through an "original position" where people chose principles without knowing their place in society. Rawls argued for two principles of justice: 1) Equal basic liberties for all, and 2) Social and economic inequalities must benefit society's least advantaged and be attached to positions open to all. He believed civil disobedience could be justified in instances of clear injustice where legal means of redress have failed without undermining the rule of law.
Cass Sunstein is an American legal scholar known for his extensive work on constitutional law, administrative law, and political philosophy. He has authored over 30 books and hundreds of articles on various topics. Some of his most well-known books include The Partial Constitution (1994), which critiques theories of constitutional interpretation; Nudge (2008), which explores libertarian paternalism; and Radicals in Robes (2005), which argues against extreme right-wing courts. Throughout his career, Sunstein has advocated for deliberative democracy and sought to reconcile individual rights with collective self-governance.
The document summarizes the philosophies of Hobbes, Locke, and Rousseau regarding the state of nature and social contracts. For Hobbes, the state of nature is a state of war where life is solitary, poor, nasty, brutish, and short. He argues people form social contracts and sovereign governments to escape this state. For Locke, the state of nature is characterized by perfect freedom and equality under natural law, though it can descend into a state of war. Rousseau posits the state of nature has freedom and force, and the social contract forms a general will where people agree to be compelled for their own freedom.
Nature of man, state of nature and social contract -- john locke vs. thomas h...Redge R.
Thomas Hobbes and John Locke developed social contract theory to explain the formation of civil societies and governments. [1] Hobbes viewed humans in the state of nature as competitive and distrustful, leading to a state of war, so people consent to a social contract establishing an absolute sovereign to maintain order. [2] Locke believed humans in the state of nature were rational and respected natural rights, but formed governments through social contracts to more impartially protect rights and property. [3] Both philosophers argued people consent to governments to escape the difficulties of the state of nature, but Locke believed people could dissolve contracts if rulers became tyrannical.
The document discusses the history and theories of the social contract from philosophers like Rousseau, Hobbes, Locke, and Rawls. It also discusses proposed changes needed for a new social contract, including strengthening social protections like universal basic income or better targeted safety nets due to economic insecurity. Another proposed change is ensuring universal access to affordable internet as it becomes essential for work, citizenship, and services. A new social contract may not promise job security but should guarantee social and economic security through alternative means as the relationship between employers and employees changes.
The document discusses several concepts from Rousseau's works, including:
1) Conflicts arise between claims of justice based on strength versus claims based on need or first possession, leading to violence.
2) Rousseau argues that justice comes from submitting to conditions imposed on others, and justice must be reciprocal to be accepted.
3) Putting the law above man is problematic, as the legislative power is essential to the state and laws must have ongoing force from the people's will to govern.
The Social Contract and Retributive JusticeTinyDancer1189
The document discusses Thomas Hobbes and Robert Nozick's social contract theories and their views on punishment and justice. Hobbes believed people voluntarily give up rights to live in peace under a social contract and authority. Punishment is justified as long as it benefits society. Nozick focused on individual rights and minimal government. Both philosophers saw punishment as necessary to correct wrongs and maintain order, but Nozick argued it should be impartial. The document also examines how these theories relate to the debate around capital punishment in Kuwait.
John Rawls was a political philosopher who argued that a just society should prioritize civil liberties and fairness. He believed that principles of justice could be determined through an "original position" where people chose principles without knowing their place in society. Rawls argued for two principles of justice: 1) Equal basic liberties for all, and 2) Social and economic inequalities must benefit society's least advantaged and be attached to positions open to all. He believed civil disobedience could be justified in instances of clear injustice where legal means of redress have failed without undermining the rule of law.
Cass Sunstein is an American legal scholar known for his extensive work on constitutional law, administrative law, and political philosophy. He has authored over 30 books and hundreds of articles on various topics. Some of his most well-known books include The Partial Constitution (1994), which critiques theories of constitutional interpretation; Nudge (2008), which explores libertarian paternalism; and Radicals in Robes (2005), which argues against extreme right-wing courts. Throughout his career, Sunstein has advocated for deliberative democracy and sought to reconcile individual rights with collective self-governance.
The document summarizes the philosophies of Hobbes, Locke, and Rousseau regarding the state of nature and social contracts. For Hobbes, the state of nature is a state of war where life is solitary, poor, nasty, brutish, and short. He argues people form social contracts and sovereign governments to escape this state. For Locke, the state of nature is characterized by perfect freedom and equality under natural law, though it can descend into a state of war. Rousseau posits the state of nature has freedom and force, and the social contract forms a general will where people agree to be compelled for their own freedom.
Nature of man, state of nature and social contract -- john locke vs. thomas h...Redge R.
Thomas Hobbes and John Locke developed social contract theory to explain the formation of civil societies and governments. [1] Hobbes viewed humans in the state of nature as competitive and distrustful, leading to a state of war, so people consent to a social contract establishing an absolute sovereign to maintain order. [2] Locke believed humans in the state of nature were rational and respected natural rights, but formed governments through social contracts to more impartially protect rights and property. [3] Both philosophers argued people consent to governments to escape the difficulties of the state of nature, but Locke believed people could dissolve contracts if rulers became tyrannical.
The document discusses the history and theories of the social contract from philosophers like Rousseau, Hobbes, Locke, and Rawls. It also discusses proposed changes needed for a new social contract, including strengthening social protections like universal basic income or better targeted safety nets due to economic insecurity. Another proposed change is ensuring universal access to affordable internet as it becomes essential for work, citizenship, and services. A new social contract may not promise job security but should guarantee social and economic security through alternative means as the relationship between employers and employees changes.
Summary of Social Contract Theory by Hobbes, Locke and RousseauA K DAS's | Law
The document summarizes social contract theories by Hobbes, Locke, and Rousseau. It discusses that according to social contract theory, people lived in a state of nature without government or law and entered agreements to form societies and governments. It then summarizes the key aspects of each philosopher's social contract theory, including their views of the state of nature and the rights and powers transferred to the sovereign or government through the social contract.
The document discusses several key aspects of Thomas Hobbes' political philosophy:
1) In the state of nature, there is a "war of all against all" where life is "solitary, poor, nasty, brutish, and short." This stems from humans' natural right of self-preservation.
2) To escape this state, individuals agree to a social contract that establishes an absolute sovereign with supreme power and authority.
3) The sovereign determines justice, property rights, and laws. Citizens must obey without question to maintain peace and security. Criticism of the sovereign is seen as self-accusation.
4) Hobbes rejects notions of inherent rights and justice in favor of
A presentation based on Rousseau's Social Contract translated by George Douglas Howard Cole in 1923. Done for my political science class at Universitas 17 Agustus 1945 Surabaya (Untag Surabaya).
This document discusses the philosophy of liberty in response to critics. It defines liberty as freedom from intrusion by others rather than a positive right. A liberty-based society establishes negative laws to prevent harm to others' liberty rather than positive laws that mandate certain behaviors. The document analyzes a Supreme Court case on polygamy to show how a liberty-based approach would rule differently by protecting individuals' private choices as long as they do not infringe on others' equal rights and liberties.
Social Contract Theory in a Global Marketing Contextemilyrich3
This document provides an overview of social contract theory and its application to business ethics in a global context. It discusses various philosophers' takes on the social contract, including Hobbes, Rousseau, Kant, Rawls, and others. It also examines challenges of establishing norms and ethical standards for global businesses given differing cultural and legal environments. Finally, it proposes that businesses can strike ethical codes by finding mutually agreeable arrangements using principles from multiple social contract theorists.
Pemikiran barat dan yang merosakkan perlu di pelajari agar kita memahami akibatnya bila di katakan Islam Liberal , Islam Sosialis dan Islam Modern .. kita akan memahami sesuatu itu dari dasarnya. Pemikiran barat banyak telah tercampuk aduk tanpa disedari kerana kita tidak memahami pemahami Fikrah Gharbiyyah
The document discusses John Rawls and his work on political philosophy. It provides a list of Rawls' major publications and briefly summarizes some of his key ideas, including justice as fairness, political liberalism, and the idea of an overlapping consensus. It also discusses Rawls' view of how a stable, just society is possible even with profound disagreements over comprehensive doctrines.
Thomas Hobbes believed that in a state of nature without government, human life would be "solitary, poor, nasty, brutish, and short." According to Hobbes, humans are inherently selfish and in a constant state of war against one another due to competition for resources. Hobbes argued this necessitates a strong central government to impose order and protect citizens.
The document discusses enduring values in interpreting the law and the Constitution. It argues that judgments should adhere to the original text and intent, and not construct new rights based on current values. However, an ascendant view of the First Amendment's protection of free speech has emerged that some argue abandons consistent legal principles in favor of evolving societal values. While laws enacted in times of crisis may infringe on civil liberties, unconstitutional laws are eventually overturned. Ultimately, the Constitution and Bill of Rights embody moral and ethical values that have endured for protecting individual rights and liberties.
Summary: Freedom is a universal sentiment and has been so granted even by law. But in practice it is subject to several constraints. Resolution of these constraints demands perpetual intellectual efforts. Often freedom does not mean more than freedom to perform one’s duties without fear of repercussions and reservations. It does not mean freedom to enjoy one’s whims and fancies.
The document discusses several Enlightenment thinkers and their influence on democratic ideas and government. It describes John Locke's beliefs in natural rights and consent of the governed. It outlines Baron de Montesquieu's concept of separation of powers and checks and balances. It also discusses Jean-Jacques Rousseau's social contract theory and Thomas Hobbes' view of self-interest and the need for government. Additional figures mentioned include Voltaire, Adam Smith, Thomas Jefferson, Thomas Paine, and George Washington.
Thomas Hobbes' political theory of the social contract is based on his view of human nature as corrupt, untrustworthy, and in a constant "state of war." To escape this situation, individuals agree to a social contract that establishes an all-powerful sovereign, the Leviathan, to enforce laws and order. The Leviathan is given absolute power in exchange for providing security and peace to the people. Hobbes argues this authoritarian system is justified by laws of nature that individuals surrender their natural rights for the sake of security and survival in civil society.
Thomas Hobbes argued that in a state of nature without government, life would be "solitary, poor, nasty, brutish, and short" due to competition and diffidence between individuals. To escape this state, people agree to a social contract establishing an absolute sovereign, such as a monarch, with supreme authority to enforce laws and keep the peace. Hobbes believed strong centralized power was necessary due to inherently selfish and violent human nature.
Differences and similarities between arguments of Hobbes and LockeDosalieva
Thomas Hobbes and John Locke were 17th century philosophers who developed influential social contract theories. While they agreed that individuals existed in a natural state before forming societies and governments through social contracts, they differed on key points. Hobbes saw the natural state as a "war of all against all" requiring absolute rule to maintain order, while Locke believed individuals retained natural rights and could revolt against unjust rulers. Hobbes advocated absolute monarchy as upholding law and order, while Locke criticized absolute rule and argued for separation of powers and limited government upholding individual rights.
Thomas Hobbes believed that in a state of nature where everyone is free, life would be "nasty, brutish and short" due to fear, violence and self-interest. Only by giving up individual sovereignty and freedom to an authoritarian ruler can security be achieved for all. In contrast, John Locke believed people are rational and can govern themselves. He advocated for a social contract where people consent to a government that protects private property and is accountable to the people, as life, liberty and property are more important than absolute authority. Government should justify its actions through popular consent.
This document provides an overview of Thomas Hobbes' political philosophy as outlined in his work Leviathan. It discusses Hobbes' social contract theory and the emergence of the sovereign authority. Hobbes argues humans surrender their freedoms and form a commonwealth, with the sovereign given absolute power to maintain peace and order. The document also summarizes Hobbes' views on human nature, the different forms of government, and criticisms of his philosophy.
This document provides an introduction and overview of libertarianism as a political philosophy. It discusses key libertarian concepts like negative liberty, self-ownership, and property rights. Libertarians believe that individuals have a right to act freely without government coercion as long as it does not infringe on the equal liberty of others. They argue that a minimal government limited to protecting negative rights is most consistent with individual freedom and that excessive taxation or regulation violates citizens' right to private property. The document outlines some common libertarian positions on issues like welfare, taxation, and social policies.
Thomas Hobbes was an English philosopher who lived from 1588 to 1679. He studied at Oxford University and developed theories about political philosophy and human nature. Hobbes believed that in a state of nature without government, humans would be in a constant state of war due to seeking power over others. To escape this, humans form societies through social contracts that establish sovereign authority like a monarch to maintain order and peace. Hobbes argued this absolute authority was the best form of government to restrain people's natural inclinations towards harming each other. His most influential work was Leviathan, published in 1651.
Summary of Social Contract Theory by Hobbes, Locke and RousseauA K DAS's | Law
The document summarizes social contract theories by Hobbes, Locke, and Rousseau. It discusses that according to social contract theory, people lived in a state of nature without government or law and entered agreements to form societies and governments. It then summarizes the key aspects of each philosopher's social contract theory, including their views of the state of nature and the rights and powers transferred to the sovereign or government through the social contract.
The document discusses several key aspects of Thomas Hobbes' political philosophy:
1) In the state of nature, there is a "war of all against all" where life is "solitary, poor, nasty, brutish, and short." This stems from humans' natural right of self-preservation.
2) To escape this state, individuals agree to a social contract that establishes an absolute sovereign with supreme power and authority.
3) The sovereign determines justice, property rights, and laws. Citizens must obey without question to maintain peace and security. Criticism of the sovereign is seen as self-accusation.
4) Hobbes rejects notions of inherent rights and justice in favor of
A presentation based on Rousseau's Social Contract translated by George Douglas Howard Cole in 1923. Done for my political science class at Universitas 17 Agustus 1945 Surabaya (Untag Surabaya).
This document discusses the philosophy of liberty in response to critics. It defines liberty as freedom from intrusion by others rather than a positive right. A liberty-based society establishes negative laws to prevent harm to others' liberty rather than positive laws that mandate certain behaviors. The document analyzes a Supreme Court case on polygamy to show how a liberty-based approach would rule differently by protecting individuals' private choices as long as they do not infringe on others' equal rights and liberties.
Social Contract Theory in a Global Marketing Contextemilyrich3
This document provides an overview of social contract theory and its application to business ethics in a global context. It discusses various philosophers' takes on the social contract, including Hobbes, Rousseau, Kant, Rawls, and others. It also examines challenges of establishing norms and ethical standards for global businesses given differing cultural and legal environments. Finally, it proposes that businesses can strike ethical codes by finding mutually agreeable arrangements using principles from multiple social contract theorists.
Pemikiran barat dan yang merosakkan perlu di pelajari agar kita memahami akibatnya bila di katakan Islam Liberal , Islam Sosialis dan Islam Modern .. kita akan memahami sesuatu itu dari dasarnya. Pemikiran barat banyak telah tercampuk aduk tanpa disedari kerana kita tidak memahami pemahami Fikrah Gharbiyyah
The document discusses John Rawls and his work on political philosophy. It provides a list of Rawls' major publications and briefly summarizes some of his key ideas, including justice as fairness, political liberalism, and the idea of an overlapping consensus. It also discusses Rawls' view of how a stable, just society is possible even with profound disagreements over comprehensive doctrines.
Thomas Hobbes believed that in a state of nature without government, human life would be "solitary, poor, nasty, brutish, and short." According to Hobbes, humans are inherently selfish and in a constant state of war against one another due to competition for resources. Hobbes argued this necessitates a strong central government to impose order and protect citizens.
The document discusses enduring values in interpreting the law and the Constitution. It argues that judgments should adhere to the original text and intent, and not construct new rights based on current values. However, an ascendant view of the First Amendment's protection of free speech has emerged that some argue abandons consistent legal principles in favor of evolving societal values. While laws enacted in times of crisis may infringe on civil liberties, unconstitutional laws are eventually overturned. Ultimately, the Constitution and Bill of Rights embody moral and ethical values that have endured for protecting individual rights and liberties.
Summary: Freedom is a universal sentiment and has been so granted even by law. But in practice it is subject to several constraints. Resolution of these constraints demands perpetual intellectual efforts. Often freedom does not mean more than freedom to perform one’s duties without fear of repercussions and reservations. It does not mean freedom to enjoy one’s whims and fancies.
The document discusses several Enlightenment thinkers and their influence on democratic ideas and government. It describes John Locke's beliefs in natural rights and consent of the governed. It outlines Baron de Montesquieu's concept of separation of powers and checks and balances. It also discusses Jean-Jacques Rousseau's social contract theory and Thomas Hobbes' view of self-interest and the need for government. Additional figures mentioned include Voltaire, Adam Smith, Thomas Jefferson, Thomas Paine, and George Washington.
Thomas Hobbes' political theory of the social contract is based on his view of human nature as corrupt, untrustworthy, and in a constant "state of war." To escape this situation, individuals agree to a social contract that establishes an all-powerful sovereign, the Leviathan, to enforce laws and order. The Leviathan is given absolute power in exchange for providing security and peace to the people. Hobbes argues this authoritarian system is justified by laws of nature that individuals surrender their natural rights for the sake of security and survival in civil society.
Thomas Hobbes argued that in a state of nature without government, life would be "solitary, poor, nasty, brutish, and short" due to competition and diffidence between individuals. To escape this state, people agree to a social contract establishing an absolute sovereign, such as a monarch, with supreme authority to enforce laws and keep the peace. Hobbes believed strong centralized power was necessary due to inherently selfish and violent human nature.
Differences and similarities between arguments of Hobbes and LockeDosalieva
Thomas Hobbes and John Locke were 17th century philosophers who developed influential social contract theories. While they agreed that individuals existed in a natural state before forming societies and governments through social contracts, they differed on key points. Hobbes saw the natural state as a "war of all against all" requiring absolute rule to maintain order, while Locke believed individuals retained natural rights and could revolt against unjust rulers. Hobbes advocated absolute monarchy as upholding law and order, while Locke criticized absolute rule and argued for separation of powers and limited government upholding individual rights.
Thomas Hobbes believed that in a state of nature where everyone is free, life would be "nasty, brutish and short" due to fear, violence and self-interest. Only by giving up individual sovereignty and freedom to an authoritarian ruler can security be achieved for all. In contrast, John Locke believed people are rational and can govern themselves. He advocated for a social contract where people consent to a government that protects private property and is accountable to the people, as life, liberty and property are more important than absolute authority. Government should justify its actions through popular consent.
This document provides an overview of Thomas Hobbes' political philosophy as outlined in his work Leviathan. It discusses Hobbes' social contract theory and the emergence of the sovereign authority. Hobbes argues humans surrender their freedoms and form a commonwealth, with the sovereign given absolute power to maintain peace and order. The document also summarizes Hobbes' views on human nature, the different forms of government, and criticisms of his philosophy.
This document provides an introduction and overview of libertarianism as a political philosophy. It discusses key libertarian concepts like negative liberty, self-ownership, and property rights. Libertarians believe that individuals have a right to act freely without government coercion as long as it does not infringe on the equal liberty of others. They argue that a minimal government limited to protecting negative rights is most consistent with individual freedom and that excessive taxation or regulation violates citizens' right to private property. The document outlines some common libertarian positions on issues like welfare, taxation, and social policies.
Thomas Hobbes was an English philosopher who lived from 1588 to 1679. He studied at Oxford University and developed theories about political philosophy and human nature. Hobbes believed that in a state of nature without government, humans would be in a constant state of war due to seeking power over others. To escape this, humans form societies through social contracts that establish sovereign authority like a monarch to maintain order and peace. Hobbes argued this absolute authority was the best form of government to restrain people's natural inclinations towards harming each other. His most influential work was Leviathan, published in 1651.
The Legal Campaign for Prostitution Abolition in canadamaxfungo
This document summarizes Canada's history of laws around prostitution and the recent legal campaign for abolition. It provides context on past laws criminalizing various parties. The Bedford case struck down laws as unconstitutional for putting safety at risk. New 2014 laws criminalize buying sex but not selling it, to reduce demand. The document argues prostitution discriminates and a Swedish-style model is needed to address harms, not a decriminalized or regulated system.
Sexual Assault Law Reform in Canada as a Catalyst for Social Change maxfungo
The document summarizes the history and evolution of sexual assault laws in Canada from 1892 to present. Key reforms include: (1) replacing gender-specific rape laws with sexual assault in 1983; (2) defining consent and limiting defenses in 1992; and (3) ongoing reforms to address issues like intoxication, age of consent, and fraud. However, reporting and conviction rates remain low due to entrenched social attitudes and evidentiary challenges in court.
1. Ronald Dworkin defends the philosophical thesis of the unity of value, that all values are fundamentally one.
2. He argues that values like ethics, morality, politics, law, and impersonal values are interconnected and not in conflict.
3. Dworkin presents a substantive account of core values like ethics, morality, political morality, law, legitimacy, justice, freedom, equality, and democracy to illustrate their underlying unity.
Youngest c m in India- Pema Khandu BiographyVoterMood
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
13062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
2. 法律人、實務工作者、學者、政治科學家
什麼都(不)是
My work is considered not law by lawyers, not
scholarship by academics, too practical by intellectuals,
too intellectual by practitioners, and neither politics nor
science by political scientists.
I notice that law gives me some credibility, but that being
woman-identified takes it away. The law gives male
credibility; female identification erases it.
3. 關於本書
1981-1986之間的演講集,共16+2篇文章
Approach
Applications
Pornography
The readers as audiences:
I want you to hear me speak , rather than read me writing
Sometimes I think to myself, MacKinnon, you write. Do you remember that
the majority of the world’s illiterates are women? What are you doing?...I see
it as fundamental to develop a politics of language that will be constructive
as well as deconstructive.
You can’t be inspirational in speaking about women without being
controversial.
A second look at the second wave of feminism in the United States
1983~: Dworkin & MacKinnon的反色情法案戰爭
ERA運動的興盛與挫敗
4. Feminism “Unmodified”
被修改的女性主義所依賴的理論(liberal, socialist or
Marxist)忽略了女性主義所應說明的問題:男性宰制女
性權力的政治問題
被修改的女性主義意味著女性主義無法獨立存在,且總
是依賴於其他理論
本書的目的之一,在於建立未被男性的理論或觀點所修
改、污染,可獨立成立的女性主義:
feminism seeks to empower women on our own terms…We
seek not only to be valued as who we are, but to have access
to the process of the definition of value itself. In this way, our
demand for access becomes also a demand for change.
5. Discourses on Life and Law
The art of the impossible
Feminism has not changed the status of women…social change is
glacial, law is inadequate to move anything basic, and power is
powerful.
The definition of women in law and in life is not ours…As I think about
law and life, the life of the law and a life in law, I wonder, whose
experience?
Not by law alone
The law alone cannot change our social condition. It can help.
Not much help and a few exceptions
6. 認識論與政治
馬克思主義與女性主義的比較
Work is to Marxism what sexuality is to feminism: what is most one’s own
but most taken away.
Value is to Marxism what desire is to feminism
都是關於權力及其不平等分配的理論
政治:權力問題
宰制與臣屬的性慾化創造了性別,性別創造了我們所知的男女角色,
因此性別差異與宰制臣屬是相互定義的
男性權力=其觀點定義了世界為何
認識論:to look at the world objectively is to objectify it
The male knower, male standpoint as objectivity
知者與被知的關係是客體化(objectification)的關係,而客觀性就是
以客體化為社會過程的認識論立場,在此之下,男性宰制就是政治
在男性優越之下,性化的客體化將女人定義為性的、而且性就是女人
7. 差異與宰制
從「不平等論」到「宰制論」:
主流法學與道德觀:
平等=相同,性別=差異
The man standard and the lady standard: the role of a successful lawyer is a male role
regardless of the biology of its occupant.
宰制論:
平等與性別都是權力問題
男性標準=客觀標準;中性=男性性;抽象權利=男性權力
差異論下的三種差異
虛構的(imagined)、被強加的(imposed)、原生的(original)
差異論與宰制論的不同世界觀
差異論:差異→區分→宰制(=不合理的區分)
宰制論:宰制(權力上的宰制與臣屬)→區分→差異
每一個男人跟女人不同的『差異』,都已經有等同於『優惠差別待遇措施』的
措施在運作中,這又另稱為美國社會中的男性宰制結構與價值。
8. 差異與女人
關於例外:
To be poor, financially dependent, and a primary parent constitutes part
of what being a woman means…That some men find themselves in a
similar situation does not mean that they occupy the status as men, as
members of their gender. They do so as exceptions, both in norms and
numbers.
All women are not the same…what we have in common is not that our
conditions have no particularity in ways that matter. But we are all
measured by a male standard for women, a standard that is not ours.
Until all women can, none of us succeed as women, but as exceptions.
文化
Who’s culture is this culture? Why do you make me choose between my
equality as woman and my cultural identity?
It looks more like inequality is the white idea. And what women like
Julia Martinez might make equality mean, no white man invented.
9. On Roe:
Privacy v. Equality
不平等/強迫的性
多數懷孕的前提是性,但不能假定性是被平等決定的
如果「不」可以認為是「要」,「要」有多自由?
隱私論證強化了公私的性別分野與男人的權力
女人追求「不需考慮後果的性」=追求和男人一樣
Susan Sontag: 性本身對女人而言並不解放…更多的性也不會讓性更解
放。問題在於,女人應該解放以享受什麼樣的性?
Andrea Dworkin: Getting laid was at stake.
Roe將隱私領域的意識型態轉化為女人的隱私權,而這就是用女人的
集體需求來滿足男性優越:
生育是性的→男人控制性→國家支持男人的利益
只要女人無法控制性的進用,墮胎就強化了女人的異性戀可進用性
(heterosexual availability)。
We got control over reproduction that is controlled by “a man or The Man,” an
individual man or the doctors or the government.
The right to privacy is a right of men “to be let alone” to oppress women on at
a time.
10. On Rape:
Sex and Violence
1970s:
性與暴力的二分
強暴法的中性化
We are saying we’re oppressed and they say we’re repressed.
Against rape = against sex =support Victorian womanhood.
Against sexual harassment = against sex=support Victorian womanhood.
Rape is defined according to what men think violates women
To define rape around penetration is a very male point of view on what it means
to be sexually violated. And it is exactly what heterosexuality as a social
institution is fixated around.
We criticize the idea that rape comes down to her word against his --- but its
reality is her perspective against his perspective, and the law has been written
from his perspective.
Sex Violence
不容易區分被陰莖侵入與被拳頭打的差別:女人是性物,暴力是性化的,
男人對女人的施暴就有性在內
It doesn’t mean they all want to fuck us, they just want to hurt us, dominate
us, and control us, and that is fucking us.
11. 並非道德問題
性騷擾
權力而非道德問題
To a degree women’s experience can be written into law, even in some tension
with the current doctrinal framework.
law is not everything in this respect, but it is not nothing either.
色情
Gender is sexual. Pornography constitutes the meaning of sexuality.
Men’s power over women means that the way men see women defines
who women can be. Pornography is the way.
Pornography, in the feminist view, is a form of forced sex, a practice of
sexual politics, an institution of gender inequality.
12. 猥褻與色情
猥褻是男人的法律:
The law of obscenity, the state’s primary approach to its version of the
pornography question, has literally nothing in common with this
feminist critique. Their obscenity is not our pornography.
猥褻是關於良善好壞評價的道德觀念,色情是政治實踐、權力與
無權的實踐
色情的傷害:
Pornography conditions male orgasm to female subordination.
Only words? “White Only” is only words. Law is only words.
反色情不等於反猥褻
反猥褻:道德的刑法
反色情:反歧視的民權法
His freedom and her powerlessness=“just the construction she chooses
to put upon it”?
13. 言論自由「市場」
When world hunger is discussed, is it necessary to have
the pro-hunger side presented?
Linda, Andrea, and I would not have been allowed by
Stanford to give this panel unless we also provided this
forum to Burton Joseph, the chairman of the board of the
Playboy Foundation. Is it a coincidence that each of us
also represents a pornographic stereotype? Linda is the
whore, Andrea is the feminist bitch, and I am the liberated
lady lawyer.
14. 自由與平等
Pornography is the silence of women.
The situation of women suggests that the urgent issue of
our freedom of speech is not primarily the avoidance of
state intervention as such, but getting affirmative access to
speech for those to whom it has been denied.
15. Feminism, Law and Life
The question then becomes not whether one trusts the law to
behave in a feminist way. We do not trust medicine, yet we
insist it respond to women’s needs…If women are to restrict
our demands for change to spheres we can trust, spheres we
already control, there will not be any.
To participate in defining the terms that create the standards,
to be a voice in drawing the lines
Law – only words, words that set conditions as well as express
them, words that are their own kind of art, words in power,
words of authority, words in life – respond to women as well
as to men.