Carol Pateman, "Women and Consent" Flashcards
What is the central argument of Carole Pateman’s “Women and Consent”?
Pateman argues that consent theory, as applied in liberal democracies, fails to recognize the historical and ongoing subordination of women. While liberal theory emphasizes individual freedom and equality as prerequisites for consent, Pateman contends that women’s consent is often assumed or coerced, particularly in the context of marriage and sexual relationships.
How does Pateman connect the marriage contract to the broader concept of consent in liberal theory?
Pateman argues that the marriage contract exemplifies the contradictions inherent in women’s consent within liberal democracies. While marriage is presented as a voluntary agreement between two individuals, it historically and presently places women in a subordinate position, both legally and socially. This subordination undermines the notion of women as free and equal individuals capable of genuine consent.
Connection to critique of social contract theory:
This argument connects to the critique of the sexual contract, which exposes the patriarchal power dynamics that underpin traditional social contract theory. The historical exclusion of women from full legal personhood and political participation demonstrates how social contract theory has served to legitimize male dominance.
How does Pateman use the example of rape to illustrate her argument about women and consent?
Pateman argues that the legal and social responses to rape demonstrate how women’s non-consent is often ignored or reinterpreted as consent. She highlights the historical and ongoing tendency to conflate submission with consent, particularly in cases where physical violence is absent or minimal. She also critiques the “mistake-of-fact” defense, arguing that it unreasonably prioritizes the accused’s beliefs about consent over the victim’s actual experiences and expressions of non-consent.
What are the broader implications of Pateman’s critique of consent theory for liberal democratic theory and practice?
Pateman argues that the failure to adequately address the problem of women’s consent reveals a deeper crisis in liberal democratic thought. She suggests that a genuine commitment to individual freedom and equality requires a radical rethinking of consent, moving beyond hypothetical or assumed consent and acknowledging the pervasive impact of power dynamics on voluntary agreements.
