The Classic Social Contractarians : Critical Perspectives From Contemporary Feminist Philosophy and Law

How can we live together without subordination and oppression? What does it mean to treat each other as free and equal persons? This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, focusing specifically upon the work of Hobbes, Spinoza, Locke, Rousseau and Kant. Considering the relationship between the 'self' and the law, this volume also looks at the points at issue between feminist political theorists and considers the usefulness of contractarian arguments for feminist politics today, together with an examination of the relationship between their political, legal and moral analyses. Ashgate Publishing Contents 6 Acknowledgements 8 List of Cases 10 Introduction 12 Chapter Summary 16 1 The Social Contractarians and Contemporary Feminist Philosophy 22 The Anomalous Position of Women within Traditional Political Theory 22 Non-Ideal Contracts 25 The Sexual Contract: Freedom and Property in the Person 28 Jean Hampton's Feminist Contractarianism 34 Feminist Philosophy within both Analytic and Continental Traditions 40 2 Hobbes 42 Introduction 42 Hobbes' Individualism 44 Components of the Social Contract: Hobbes' View of the Will and Duress in Contract 48 Pateman: Hobbes and Political Equality 49 Hampton: Hobbesian Morality 52 Hobbes on Judgement 55 3 Spinoza 58 Introduction 58 The Concept of the Social Contract 59 The State of Nature and Social Contract 62 Spinoza and the Imagination 73 Spinoza's Concept of the Individual, Civil Society and Other Bodies 79 4 Locke 84 Introduction 84 Locke's Social Contract: Macpherson's Critique 86 Pateman: Undemocratic Implications of Locke's "Property in the Person" 92 Okin's Critique of Nozick on Locke 96 Locke on Workmanship: An Application of Pateman's Approach to Locke 97 Pateman's Critics 101 5 Rousseau 104 Introduction 104 Rousseau's State of Nature 105 Women, Morality and Amour Propre 106 Althusser's 'Discrepancies' 109 A Feminist Response to Althusser's Reading 116 6 Kant 120 Introduction 120 Drucilla Cornell's Reworking of Kant's Social Contract 122 Jean Hampton's Feminist Contractarianism 128 Feminist Objections to Kant's Social Contract applied to Cornell and Hampton 131 The Role of the Imagination in Cornell’s Rereading of Kant's Social Contract 133 Cornell, the Imagination and Kant's Aesthetics 136 Conclusion 141 7 Conclusion: The Social Contractarians and Contemporary Images of Women 144 The Fiction of the Social Contract 144 The Example of the Wrongful Conception Cases 145 Locke: Property in the Person 146 Pre-modern Approaches 148 Kant and the "Loss of Autonomy" Head of Damage 152 Autonomy and the Boundaries of the Self 154 Bibliography 160 Index 172 ISBN-13:,9780754670179 How Can We Live Together Without Subordination And Oppression? What Does It Mean To Treat Each Other As Free And Equal Persons? This Book Uses Contemporary Feminist Insights To Examine Aspects Of The Classic Social Contractarians' Arguments, Concentrating Upon The Work Of Hobbes, Spinoza, Locke, Rousseau And Kant. It Also Looks At The Points At Issue Between Feminist Political Theorists And Considers The Usefulness Of Contractarian Arguments For Feminist Political Politics Today, Along With The Relationship Between Their Political, Legal And Moral Analyses.--jacket. The Social Contractarians And Contemporary Feminist Philosophy -- Hobbes -- Spinoza -- Locke -- Rousseau -- Kant -- Conclusion : The Social Contractarians And Contemporary Images Of Women. Janice Richardson. Includes Bibliographical References And Index. Analysing the social contract theorists through the lens of contemporary feminist philosophy, this work focuses on the relationship between the 'self' and the law and examines how social contractarians have viewed this relationship