法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
企画関連ミニシンポジウム1 「平等のジェンダー法理論」
ジェンダー平等と社会規範
加藤 秀一
著者情報
ジャーナル オープンアクセス

2016 年 2016 巻 82 号 p. 69-80

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抄録
Gender equality nowadays is (re)defined as equality not so much between men and women as equality between individuals, whose gender identities are various and often complicated. Although such a definition may show the progress in gender studies, what is important is whether or not it is useful as a tool to uncover and criticize inequalities in the real world. In this regard, it seems more and more obvious that the concept has been fraught with considerable difficulties. This paper illustrates some aspects concerning such difficulties and tries to suggest how to overcome them by means of reexamining the concepts of both “gender” and “equality.” First we propose a somewhat newly modified concept of gender, instead of traditional one based on dichotomy such as “biologically determined sex vs. socially constructed gender,” as social norms with respect to which we perform everyday practices of classifying and dividing people into just two groups. As for equality, from the perspective with regard to social norms that are present in our societies, it is necessary to pay much attention to the paradox such that to promote legal and institutional equality sometimes results with the reinforcement of stereotypical notions of masculinity and femininity under the condition that some women themselves desire the gendered norms. There is no sure remedy against such practical dilemma, but at least we can suggest a possible prescription for it: that is, to put greater emphasis on human rights that are provided in Article 13 of the Constitution of Japan than principles of equality in Article 14 when regarding to gender issues.
著者関連情報
2016 日本法社会学会
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