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zerilli
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356 linda m. g. zerilli
social inequality that make a mockery of equal liberty but are not
directly caused by the formal legal and political barriers that have
been the historical focus of liberal critique. Although so-called social
justice liberals (e.g., John Rawls and Ronald Dworkin) are far more
willing than their classical predecessors to balance the core demand
for liberty with concerns about tenacious forms of inequality, they
remain curiously blind, if not indifferent, to the gendered structure of
family life and the crushing costs for womens liberty. Contemporary
liberal thinkers do not argue for this division in the way that classical
theorists openly did, but they nevertheless take for granted the
mature, independent human beings as the subjects of their theories
without any mention of how they got to be that way, as Susan Okin
wryly observes.2 The vastly disproportionate share of womens work
in producing those subjects remains mostly ignored by contemporary
liberal theorists of whatever stripe, though it drastically inuences
womens own chances of becoming the very independent human
beings capable of exercising liberalisms raison dtre, namely,
liberty.
In light of the tenacity of de facto gender inequality in the face of
the de jure gender equality that characterizes contemporary liberal
democratic societies, liberal theorys blind spot on that which dis-
proportionately prevents women from realizing liberty is troubling. It
presents a genuine problem for feminists as they consider the limits
and possibilities of the liberal tradition. As we shall see, for some
feminists liberalism is a theoretical and political dead end, for it
cannot call into question the private/public distinction in which
the hidden gendered division of labor has its life.3 To do so, say
these critics, liberals would have to abandon the terrain of the very
distinction that underwrites fundamental liberal principles regarding
the liberty of the individual in relation to the power of the state. For
other critics, liberalism requires a feminist critique, only this critique
would not declare liberalism dead for feminism but would instead
expose the implicit feminist commitments in any liberalism worthy
of the name.4 Liberalism properly understood, with its radical
refusal to accept hierarchy and its focus on the equality and freedom
of individuals, is crucial to feminism, declares Okin.5 Liberalism
still offers great resources to feminism, but it also needs feminism to
live up to its best ideals.
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 357
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358 linda m. g. zerilli
which having rights does not exist apart from the practice of claiming
rights. Viewed as a rhetorical and political artifact, Wollstonecrafts
appeal to rights is gured as a claim for revolutionary and feminist
transformation where rights themselves are understood as part of a
broader democratic project that is seldom explored, as Angela
Maoine writes.10
Many of the themes regarding womens subjection to men and the
articial character of proper femininity were addressed over a half a
century later by another key gure in the liberal tradition: John Stuart
Mill. Together with his wife Harriet Taylor, Mill challenged the
Victorian gure of the Angel in the House, which denied women
any public voice and made of them the domestic keepers of morality.
Extending many of the principles of On Liberty (1859), which exam-
ines the question of when and under what conditions the state or
society has the right to interfere with the liberty of an individual, Mill
exposed the fallacious logic at work in the nineteenth centurys vast
social, economic, political, and legal apparatus of male power.
Like Wollstonecrafts 1792 Vindication, Mills The Subjection of
Women (1869) is a tour de force of feminist argumentation and rhet-
oric. Inspired by his companion and deceased wife Taylor, Mill
powerfully challenged the idea that women were by nature decient
in reasoning or in any other way incapable of the kind of self-
development that he took to be crucial to the defense of individual
liberty. He blamed custom, especially sex-specic education, and
explained the tenacity of the status quo in terms not only of formal
legal constraints on womens liberty but also of the psychology of
male power:
All causes, social and natural, combine to make it unlikely that women
should be collectively rebellious to the power of men. They are so far in a
position different from all other subject classes, that their masters require
something more from them than actual service. Men do not want solely the
obedience of women, they want their sentiments. All men . . . desire to have,
in the woman most nearly connected with them, not a forced slave, but a
willing one . . . They [men] have therefore put everything in place to enslave
their [womens] minds.11
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 359
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360 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 361
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362 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 363
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364 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 365
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366 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 367
equal to whom?
The principle of equality that liberals articulate and defend has been
at once appealing and troubling for feminists. On the one hand,
equality has served as a banner for many important feminist struggles
of the eighteenth, nineteenth, and twentieth centuries, including
suffrage, property law, and wages. The increasing acceptance of lib-
eral democratic principles in advanced industrial societies provided a
common idiom in which womens political voices could be heard.
Rather than being labeled merely subjective (the female com-
plaint), womens claims to an equal share in governing resonated
with a broader vocabulary of equality as part of liberal democratic
common sense.
Although it is tempting to see this expansion of the equality princi-
ple to women as just that an expansion there are good reasons to
pause and consider what such a view entails. Some feminists have been
critical of the idea of equality as an expanding principle, for this view
tends to go hand in hand with the idea that equal rights expand by
themselves, thanks to a certain logic that is implicit in rights.
Occluded in this view is the hard, fragile, and highly contingent work
of feminist politics. There is no guarantee that the principle of equality
will be extended to groups not already included in its purview, any
more than there is a guarantee that whoever currently is not included
never can be. Thus, feminists insist on attending to the actual practices
of feminist politics, rather than assuming that liberal principles have a
logic and temporality of its own.54
Another worry raised by feminists regarding equality is that the
gender neutrality that is supposedly equalitys aim and basis is
merely a ruse for sustaining androcentric ideals. As we saw earlier,
many feminists are highly critical of the atomistic individual at the
heart of liberalism, an individual who is gender neutral in name
only. To strive for equality is to strive for equality with men, which is
to say, to strive to be more like men. For men have more or less
dened what it means to be a citizen, a worker, a property owner, a
juror, and so forth. In a world in which ones sex/gender is indeed a
crucial basis of social differentiation, can we really consider legal and
political subjects as gender neutral without blinding ourselves to
crucial facts?
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368 linda m. g. zerilli
In The Female Body and the Law (1988), Zillah Eisenstein asks
feminists to consider what drives the debate over whether to stress
equality or, instead, difference. This is an impossible choice, which
has more or less dened the history of all three waves of feminism.
Any answer is already overdetermined by a legal system in which the
male body and the masculine subject are the norm. In practice this
means that any attempt to take account of sexual difference will be
interpreted as a reinscription of masculinist ideals of proper feminin-
ity; and any attempt to claim equality will result in women being
treated as if they were men. Equal-protection law is in fact gendered
masculine but it conceals its gendered nature under the guise of
neutrality.55 This keeps feminism in a perpetual state of the impos-
sible choice: equal or different. The only way out of this dilemma,
argues Eisenstein, is to pluralize the meaning of difference and
reinvent the category of equality.56 Rather than take male/female
as the marker of difference, we need to acknowledge differences
among women themselves and men themselves. [In] the engendered
view of difference, differences among women are silenced and differ-
ence between men and women privileged; the sameness among
women is presumed and the similarity between men and women
denied.57 The pregnant body becomes for Eisenstein a way to decen-
ter the male body that is at the heart of but also concealed by equality
doctrine: it reminds us of at least the potential difference between
females and males that makes sameness, as the standard for equality,
inadequate. In a more general sense it reminds us of diversity.58 Men
do not become pregnant but neither will all women.
If sex equality is not enough for feminism, to borrow Merle
Thorntons phrase, that is because feminism knows that equality is
a principle that treats likes alike and unlikes differently. Equality is
a concept that can only be applied to two (or more) things in some
specied respect. There has to be a characteristic which both have in
respect of which they are said to be equal . . . Equality implies com-
mensurability, observes Thornton.59 That is another way of saying,
with Eisenstein, that equality leads to the assimilation of women
under an androcentric norm.
Writing in a similar vein, feminist legal scholar Catharine
MacKinnon explains that law presents the situation of women and
men as if from a place of neutrality, what she calls the point-of-
viewlessness of law.60 The principle of legal equality is not only
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 369
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370 linda m. g. zerilli
mens status and lifestyle.64 The assumption that the equality prin-
ciple is androcentric and that it can take account of women only to
the extent that it occludes their specic situation is premised on a
misunderstanding of the meaning of equal rights.
Equality is neither an absolute principle nor a rm standard, but a relational
concept. It expresses a relationship between two objects, people, or condi-
tions and determines the respect in which they are to be viewed as equal.
That is, equality must rst be sought, demanded, and established, and it
presupposes that the objects being compared are different from each other.
Otherwise, the principle of equality would be unnecessary and absurd.
Logically, this can only involve partial equality, that is equality in specic
respects. Absolute equality would mean identity. If one were to demonstrate
this mathematically, the formula for identity would be a = a, while equality
would be expressed as a = b.65
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 371
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372 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 373
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374 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 375
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376 linda m. g. zerilli
entire cultural context that makes women seem to choose what they are in
fact restricted to.87
notes
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 377
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378 linda m. g. zerilli
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f e m i n i s t c ri t i q u e s o f l i b e r a l i s m 379
to create genuine non-sexist options that women will freely choose, she
does not see choice as the ultimate arbiter in what the state ought to
promote.
54. See Zerilli, Feminism and the Abyss of Freedom.
55. Eisenstein, The Female Body and the Law, p. 57.
56. Ibid., p. 3.
57. Ibid.
58. Ibid., p. 2.
59. Thornton, Sex Equality Is Not Enough for Feminism, p. 77.
60. MacKinnon, Feminism, Marxism, Method, and the State, p. 645.
61. Ibid.
62. MacKinnon, Toward a Feminist Theory of the State, pp. 21516.
63. Schaeffer, Feminism and Liberalism Reconsidered, p. 701.
64. Gerhard, Debating Womens Equality, p. 9.
65. Ibid., p. 7.
66. Ibid., p. 8.
67. Ibid.
68. Ibid.
69. Ibid., p. 9.
70. Phillips, The Politics of Presence, p. 6.
71. Ibid.
72. Ibid.
73. Rawls, Political Liberalism.
74. Phillips, Politics of Presence, p. 19.
75. For a critical response to the idea of group or cultural rights, see
Kukathas, Are There Any Cultural Rights? Kukathas argues that lib-
eralisms emphasis on individual rights gives members of groups all they
need to defend members of minority cultures. Okin argues that argu-
ments for cultural rights do not take adequate account of the sexist
character of many minority cultures, which make it difcult if not
impossible for women to ourish as individuals and which underesti-
mate the great difculty that women would have should they wish to
exit. Okin, Is Multiculturalism Bad for Women?.
76. Raz, Multiculturalism, p. 72.
77. Young, Justice and the Politics of Difference, p. 101.
78. Phillips, The Politics of Presence, 24.
79. Arendt, What is Freedom?, p. 149.
80. Ibid.
81. Ibid., p. 151.
82. Ibid., p. 165.
83. Phillips, The Politics of Presence, p. 167.
84. Ibid.
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