from Part I - The Historical, Societal, and Theoretical Roots of Discrimination against Women
Published online by Cambridge University Press: 24 May 2025
Utilizing the Foucauldian concept of power, this chapter shows how the power of religion and culture has created and perpetuated the hegemony of patriarchy throughout the centuries, including in liberal states. It claims that liberal theory lacks an adequate theory of power and neglects the dynamics of power and control in the private sphere. Liberalism disregards the institutions, practices, and norms of religion and culture, as a socially and politically significant site of power. This severely curtails the ability of liberal states to ensure that the exercise of power and authority over the individual is justified and that the rights of the individual are safeguarded. After a general theoretical and historical discussion, the chapter discusses the history of the relationship between religion and the state in the USA and the critique of early American feminists on the power of patriarchal religion, and claims that despite the constitutional separation between religion and state in the USA, patriarchal religion continues to influence the law directly and indirectly and constitutes a significant force preserving the hegemony of patriarchy, as the 2022 Dobbs decision demonstrates.
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