Interpretations and the Author s Standpoint
Toward Feminist Jurisprudence
The main point emphasized throughout the article is that while it may seem that a gender bias is not expressed in the current manifestation of law, in truth the law is mainly driven through ideologies based upon male tendencies and perceptions. Specifically, in the article, MacKinnon stated that however autonomous of class the liberal state may appear, it is not autonomous of sex (149). In relation to this, there are of course different approaches in assessing the concerns regarding both the law as well as the concept of feminism. Despite such though, throughout the article, it has been made clear that current views, such as liberalist or Marxist perspectives, are not completely capable of effectively defining the situation of women in relation to the law and the society. In this sense, it is made apparent that concerns regarding concepts on the rights of women in terms of privacy and sexuality are generally inappropriately and unclearly defined as well.
A most notable example made by MacKinnon pertains to how rape is currently perceived under the law. In particular, it has been directly stated in the article that if sexuality is relational, specifically if it is a power relation of gender, consent is a communication under conditions of inequality (MacKinnon 145). Such a point highlights the notion that the assessment of rape, from a legal perspective, allows for men to claim innocence based upon the incapability to completely comprehend as to whether consent was indeed appropriately acquired or given which should not be the case. As a matter of fact, rape may have even occurred from the perspective of women, despite the fact that court decisions may already have implied that rape has not occurred due to the lack of violence (MacKinnon 144). Hence, given such points from the article, it is without doubt that the aforementioned evaluation of the standpoint of the author, pointing out that the law is driven through male ideology and selects against the rightful consideration of women, is accurate.
Analysis, Inferential Relations
The article is indeed effective in expounding upon the treatment of women in the legal and social sense. To further explain, various means of representations, as accomplished through statements, concepts, and questions, have been appropriately applied throughout the article. An example of such would be in terms of how rape has been associated with how women are defined. Specifically, MacKinnon claimed that to be rapable, a position which is social, not biological, defines what a woman is (144). Of course, such a statement effectively conveys the improper perceptions regarding women in relation to the understanding of the concept of sex. In this sense, such a line or passage does not merely reflect how women are seen in terms of sexuality, but inferences regarding rather pessimistic holistic status of women in society and in the legal aspect may also be derived by any reader. Expectedly, the article also contains other similar thought provoking lines. Another appropriate example of such would be in terms of how MacKinnon declared that the more beliefs equating sexuality with violation become reasonable, and the more women can be defined in terms of our fuckability (146).
From such, it is clear that both concepts and statements have been utilized in an effective manner in conveying a specific message to the reader. In addition, questions regarding the usefulness of legal means of deterring rape are emphasized as well throughout the article. In particular, Mackinnon even pointed out that rather than deterring or avenging rape, the state, in many victims experiences, perpetuates it (146). Hence, given such points, especially through the presences of such lines throughout the article, it may indeed be said that the any reader would develop a clear understanding of the lack of proper perspectives regarding the thoughts and identities of women. As a matter of fact, instead of simply defining the current positions that may be heard from various feminist perspectives, MacKinnon successfully presents a realistic understanding of the issue by presenting the shortcomings of each. Therefore, it may be concluded that both intended and actual inferential relations that may be found throughout the article are in conformity with the main thought of the author regarding the issue.
Categorization of Sources
As may be expected, the sources used within an article may be classified according to whether support for the author s point of view is expressed or not. In terms MacKinnon s article and stance, it is definitely not difficult to identify sources that provide support for such. To further expound, examples of sources that completely support MacKinnon s stance include Shafer and Frye s article regarding the rape and violence, Warren and Brandeis article on the concept of privacy in relation to women, as well as Gager and Schurr s book wherein some of the usual defenses of men against accusations of rape have been delineated. Certainly, given the length of the article, numerous sources in the form of books or articles that support MacKinnon s point of view regarding the issue have been used. It is only expectable that out of the 51 references listed in the article most of such works would have been included to support the author s thesis. However, there are of course sources which provide an opposing view to the one that has been mainly expressed by MacKinnon throughout the article.
Among the most notable opposing views regarding the stance of the author, especially in terms of the topic of sex and rape in relation to women, are in the form of court proceedings and reports. Specifically, it has been directly stated in the article that when an accused wrongly but sincerely believes that a woman he sexually forced consented, he may have a defense of mistaken belief (MacKinnon 146). While it is evident that the line points out that the legal system is biased towards the perceptions of men as it is most apparently shaped through such ideologies, which would support the point that women are treated in an unfair manner, such a line may also be regarded as opposing to MacKinnon s stance for it may induce the reader to consider the possibility of such men as not entirely wrong but only incapable of comprehending the actions of women. Another more apparent source that is in conflict with the stance of the author would be the article Eros, Civilization, and the Burger Court as written by Tom Grey. While possibly not entirely in conflict with MacKinnon s view, the line philosophies which are political in the widest sense affecting society as a whole, demonstrably transcending the sphere of privacy which has been lifted from the aforementioned article is clearly not supportive of the author s stance regarding women and privacy (148). Similar to sources that support the author s stance, there are of course other unmentioned articles which may present opposing insights regarding the issue.
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