Pateman – The Sexual Contract and Subjugation of Women (Makeup Post)
In “The Sexual Contract”, Carole Pateman discusses how women are excluded from the social contract. Pateman is not referring to contract law nor does she refer to property in the literal sense. Rather she refers to the social contract in which authority is granted to state and civil law and property in the sense of personhood. Meaning, the system in which we surrender some natural rights in order to live and participate in a civil society and to have our political rights protected. From the social contract, we have social relationships, including the relationship between husband and wife (the marriage contract) and employer and employee (the employment contract). We are taught that these freedoms and protections are universal in a civil society, however due to society’s patriarchal structure, women are excluded.
When Pateman refers to patriarchy, she is not referring to the literal definition of paternal rule. Rather, she refers to society where women are subordinate to men not as fathers and husbands but simply due to the fact that men are men. In the patriarchal society, men have the freedom to move between the private and public sphere freely, to fully engage in the social contract, the marriage contract, the employment contract, the prostitution contract. Women are not. They are largely relegated to the private sphere, which is viewed as apolitical. As a result, their rights, particularly in such contracts as the marriage contract, are almost nonexistent. This results in further subjugation and a furthering of a patriarchal society.
While the public sphere is the only sphere as existing in a political sense, the sphere which benefits from the civil law, freedom, and equality brought about through the social contract, the public sphere and the private sphere cannot exist without one another. Just as ‘natural’ and ‘civil’ depend on one another for their existence, yet remain in opposition to one another, so do the private and public sphere. Because women exist in the private sphere rather than the public sphere, they are excluded from the social contract. However, they are not (and cannot) be excluded from the sexual contract. They are not equals in the sexual contract though. Their exclusion from the social contract results in a subordinate position within the sexual contract. To maintain this separation and subjugation, the public/civil sphere is viewed through a masculine lens, while the private/natural sphere is viewed through a feminine lens. Again, this furthers patriarchal rule and leaves women existing in a space that both is and is not political, enforcing subjugation and oppression.
