Feminist Theory
Liberalism and Its Critics: Catherine MacKinnon
Liberalism as a
political philosophy
Values and Goals
Liberalism in
the US
Is the US a Liberal country?
How is this reflected in US political institutions, public policy?
Our Critic: Catherine MacKinnon
Law Professor at University of
Michigan
Yale University (JD and PhD in
Political Science)
Smith College (BA)
Active in organized feminism
Co-wrote
anti-pornography ordinances with Andrea Dworkin
Worked
to prosecute war criminals of genocidal rape in Bosnia
A Feminist Critique of Liberalism, "The Liberal
State"
Hard to muster because
as MacKinnon says in "The Liberal State"
feminists have no theory of the state
vacillate between liberal theory of the state and marxist/leftist one
Liberal theories of the
state
assume state is mere reflection of "interests" of society" mirror;
devoid of interests of its own;
law as
"neutral" arbiter of conflicting interests
jurisprudence/legal
reasoning "objective"
"rationality"
women as
just another
"interest group" vying for the attn of the
state/slice of the pie
Marxist theories of the
state
assume state also reflection of societal interests - the interestes
of the ruling class - again devoid of its own interests -
state as exec ctte of the ruling class
In America
American jurisprudence
(substance of the law) the liberal theory more prevalent
assumes Negative Freedom
free to do what one will without interference from others
or THE STATE
STATE not a positive force
for justice
its ABSENCE is justice
Constitution secures citizens rts from violations by govts not other citizens
thus state not proactive only corrective of self (transgressions made by the state - IN THE PUBLIC SPHERE!!!)
***Key element of liberal
state/theory
distinction between
public/private
most of what happens to women happens in
private - therefore state powerless, not its area of responsibility, etc.
2nd wave fem ralllying cry - the personal is political
gender relations political - unequal div of power
A Feminist Theory of the
State
MUST VIEW the state as structuralists do - not just reflection of societal
interests - but with some of its own
these perpetuate male power, interest,
etc. because state in adopting
liberal
"objectivity" "neutrality" "rationality" adopts
"view from no where" i.e. male view pt
universal = male
therefore, state policy reifies male power
male dominance,
patriarchy, the law/equality rhetoric perpetuates male dominance
MacKinnon's critique of Sex Equality: Difference and Dominance
Mainstream liberalism
assumes
the sexes are by nature
biologically different
mistaken illusions about difference are actionable; but distinction that based on biology/heterosexuality not discrimination but difference
Essence of Gender as category
Not biological difference -
but inequality of power
a system of social hierarchy
Legal theory:
sameness/difference dichotomy
1) sameness
"gender neutrality"
single stnd - male stnd
- women are the same as
men - prohibitted from taking gender into account in
any way
2) second
strand - "difference"
biological differences
thus need
special benefits,
special protection
eg pregnancy
needing compensation
one case of law
recognizing something substantive
leads to patronizing
policies
Either way
men/male experience and biology is considered the norm - women either the same
as or different from that norm
Simply two ways to hold women to male stnd and to call that sex equality