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

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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.