By Janice Richardson
How will we stay jointly with out subordination and oppression? What does it suggest to regard one another as loose and equivalent folks? This booklet makes use of modern feminist insights to envision facets of the vintage social contractarians' arguments, focusing in particular upon the paintings of Hobbes, Spinoza, Locke, Rousseau and Kant. contemplating the connection among the 'self' and the legislation, this quantity additionally seems on the issues at factor among feminist political theorists and considers the usefulness of contractarian arguments for feminist politics this present day, including an exam of the connection among their political, criminal and ethical analyses.
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Extra info for The Classic Social Contractarians: Critical Perspectives from Contemporary Feminist Philosophy and Law
Sample text
Hampton describes in subtle detail particular situations in women’s lives when they are put in a position in which self-sacrifice is demanded. For example, she considers a simple situation (possibly too easily dismissed as petty, yet recognisable) of a woman who is asked to ignore rudeness from her father-in-law for the sake of family peace. If she is to apply an ethic of care that focuses only upon holding together relationships such small scale self-sacrifice may be encouraged and viewed as “noble”.
This leads Spinoza to argue simply that there is no reason that anyone should comply with a contract made under duress when he or she is free to escape. As mentioned above, Pateman’s analysis of contract and modern subordination is the important part of her work, so that speculation and retelling of Hobbes’ story is merely illustrative. In this context, Hobbes’ clarity that coerced “contracts to obey” are valid is useful. Whereas the contractarian tradition is associated with the idea that obligations are valid because the parties entered into them of their own free will, Hobbes is clear that contracts can be made under duress.
It implies a stress on the “ownership” part of “selfownership” (Pateman 2002). She considers possible societies that could emerge depending upon the extent to which the fiction of property in the person is accepted within law. If it is accepted that a worker can rent him/herself out for part of the day, then what is wrong with a slave contract, provided it is agreed upon by contract and not the threat of violence? As I will discuss further, the classic contractarians usually blocked this move. For Locke, to sell oneself into slavery would be to give someone else the right of life or death over oneself, a right that one did not own to give away because only God would have such a right.