'A Rank Usurpation of Power' - The Role of Patriarchal Religion and Culture in the Subordination of Women

32 Pages Posted: 17 Dec 2008

See all articles by Gila Stopler

Gila Stopler

College of Law and Business - Ramat Gan Law School

Date Written: December 15, 2008

Abstract

This article is concerned with the way in which the power of religion and culture is used to perpetuate the hegemony of patriarchy and the subordination of women. First, I will use a historical perspective to describe the advent and the perpetuation of patriarchy and the historical interrelationship between patriarchy and patriarchal religion. I will then present and analyze the insightful critiques of early American feminists of the patriarchal nature of both church and state. Next, I will argue that despite the constitutional separation between church and state patriarchal religion continues to directly and indirectly influence the law and constitutes a significant force perpetuating the hegemony of patriarchy. I will further argue that the current legal protection afforded patriarchal aspects of religion and culture seriously undermines women's ability to achieve equality. While freedom of religion and association and the right to culture are as important to women as they are to men, I will show that the way in which these rights are understood and applied serves to perpetuate gender hierarchy and to deprive women of equality and freedom rather than to ensure their freedom of religion and culture or to guarantee them equal respect. Finally, I will suggest that incorporating an analysis of power into our liberal theory of rights will transform our understanding of religious freedom, toleration, and freedom of culture and association in a manner that will make them more compatible with women's rights.

Suggested Citation

Stopler, Gila, 'A Rank Usurpation of Power' - The Role of Patriarchal Religion and Culture in the Subordination of Women (December 15, 2008). Duke Journal of Gender Law & Policy, Vol. 15, 2008, Available at SSRN: https://ssrn.com/abstract=1316467

Gila Stopler (Contact Author)

College of Law and Business - Ramat Gan Law School ( email )

Ben Gurion 26
(p.o.b. 852 Bnei Brak)
Ramat Gan, 51108
Israel

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,225
Abstract Views
6,124
Rank
31,502
PlumX Metrics