NCJ Number
109347
Journal
International Journal of the Sociology of Law Volume: 16 Issue: 1 Dated: (February 1988) Pages: 75-89
Date Published
1988
Length
15 pages
Annotation
This essay demonstrates that the feminist conceptualization of sexual violence is closely related to the liberal polemic against absolutism first expressed by John Locke in his 17th century challenge to patriarchal political theory.
Abstract
The feminist approach emphasizes the structural and social character of sexual violence, viewing it as an expression of power relations between men and women. This broad definition gives rise to at least two competing views on women's lives: either they are ruled by force and all sexual relationships are variations on this, or one acknowledges an area of sexuality ruled by freedom of choice that is set apart from the area of force. Representatives of these two positions are Catherine MacKinnon and Susan Brownmiller. The essay explains the principles of the liberal, rationalist theory of natural right in which violence versus freedom and coercion versus consent are the central conceptual opposites. Hidden conceptual schemes in works by MacKinnon and Brownmiller are traced and compared to those of 17th century political theorists Hobbes and Locke, respectively. Drawbacks of this legacy are discussed. The author argues that MacKinnon and Brownmiller both have made the concept of consent into a closed category with a definite meaning, whereas it is a complex element of power relations which is open to change and the possibility of new meanings. Footnotes and 6 references.