著者
住吉 雅美
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.109-120,232, 2004-10-20 (Released:2008-11-17)
参考文献数
10

In this article, I argue that we should abandon the dualism of gender, male/female, and that we must recognize that gender is gradational. By so doing, it may benefit many sexual minorities (for example, homosexuals, transgenders, intersexuals, etc.) who are oppressed by the dualism of gender and hegemonic heterosexuality. A plan of this article is as follows: 1. I inquire into the causes of the dualism of gender and hegemonic heterosexuality in modern society. I deal with the causes as follows: (1) modern patriarchy and capitalism, (2) marriage system as means of reproduction, (3) restraints on our daily performance by gender, and so on. 2. I consider a theoretical framework for the reduction of that hegemony including: (1) identitypolitics, (2)“gender-performativity” (by J.Butler), (3) criticism of homophobia, (4) queer theory, and so on. 3. I consider the extent to which we can trust administration and legislation to construct “a sexually free society”. In conclusion, I argue that legal intervention in sexualities should be avoided as much as possible, and that sexual identity should be left to each individual.
著者
住吉 雅美
出版者
日本法哲学会
雑誌
法哲学年報 (ISSN:03872890)
巻号頁・発行日
vol.2003, pp.1-6,236, 2004-10-20 (Released:2008-11-17)

The Annual Meeting of Legal Philosophy 2003 under the title of “GENDER, SEXUALITY AND THE LAW” was held under the auspices of The Japan Association of Legal Philosophy (JALP), in Tokyo, on November, 21-22, 2003. Issues of this meeting were as follows: 1. From a standpoint of feminism, scholars try to criticize and reexamine the main subjects of legal philosophy (especially justice and rights), and the basic structure and fundamentals of orthodox legal theory. Furthermore, we try to find gender-bias in theories, and to restructure the political and social system. 2. Legal philosphers do not only reply to feminists' criticism of theories of justice, rights and liberalism, but also present their generous intellect which is tolerant of criticism. 3. Scholars both examine anti-feminist critiques that have occured from the margins of the feminism-debate, inspired by postmodern philosophies, and investigate the movements of feminism's self-innovation. We also try to criticize the dualism of gender and hegemonic heterosexuality, and to deconstruct identities (including the definition of ‘woman’) that are oppressive. We hope that this will lead to the recognition of diversified sexualities.
著者
住吉 雅美
出版者
北海道大学法学部
雑誌
北大法学論集 (ISSN:03855953)
巻号頁・発行日
vol.44, no.6, pp.309-337, 1994-03-31