Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogKang on Masculinity & the Constitution
By Lawrence Solum
John M. Kang (St. Thomas University School of Law) has posted Manliness and the Constitution (Harvard Journal of Law and Public Policy, Vol. 32, pp. 261-332, 2009) on SSRN. Here is the abstract:
Much of the legal scholarship regarding gender focuses justifiably on discrimination against women; accordingly, if such scholarship does discuss men, it does so chiefly to illuminate the ways in which women have been oppressed by them.
My article seeks to explore men's identity as its own topic, specifically in its relation to the Constitution. I begin my exploration with early modern England, for the American colonists would have to grapple with the ideas that arose during this time. My argument proceeds as follows. Prominent conceptions of male identity in early modern England made constitutional democracy, as the eighteenth century Americans understood it, philosophically unrealistic. Thomas Hobbes represented one view, Robert Filmer the other. Hobbes argued that men's violent hypermasculinity made them ineligible for the disciplined and mature enterprise of self-government; he believed that only an absolute monarch could control men for purposes of collective peace. Filmer also argued that men were generally incompetent for self-government. But unlike Hobbes, he argued that men were psychologically infantile and thus insufficiently manly for self-government. Filmer insisted that only the king had the requisite manliness of a powerful father and that men required the former's love and guidance while they owed him complete obedience.
The American colonists constructed a new understanding of male identity, one that was compatible with the logic of self-government in their constitution. Against Hobbes, the colonists pressed American men to embrace civility rather than being driven by a violent hypermasculinity. Against Filmer, the colonists urged American men to evince their manly independence by deliberating political truths instead of deferring to social betters. I then explain how these views by the colonists were manifested in the federal Constitution.
Full post as published by Legal Theory Blog on February 17, 2009 (boomark / email).
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.

Kang on Manliness and the Constitution
Masculinity and the Presidential Election
UU Pornografi Vs. Hak Atas Privasi: Catatan Kritis atas UU Pornografi
Kombor, Kontrak Politik, dan Penghinaan
Single-Sex Education Stereotypes Boys
Essentialist Masculinity And Single Sex Education







