Carole Pateman’s The Sexual Contract is perhaps her most acclaimed and recognized work in a very distinguished academic career. Published in 1988, the book analyses the classic political theory of social contract through the lens of feminism and democratic theory. More than twenty years after publication, Pateman’s opus remains a relevant critique of political theories that ignore the profound connections between feminism and democracy. As indicated by the title, The Sexual Contract seeks to demonstrate that underlying the supposedly free and equal civil social relations based on a theoretical contract is a relation of subjugation that Pateman calls ‘the sexual contract’. She begins by breaking down the philosophical basis of social contract, bringing out the often obscured patriarchal presumptions in the ideas of contract and of civil society that were developed during the period of the Enlightenment. She argues that the theory of social contract is inconsistent with both democracy and feminism, because it presumes the subjugation of women, and she demonstrates this through her analysis of the foundational philosophical works on the social contract.
Pateman does not use the typical feminist arguments that the sexual contract is coercive due to the lack of freedom of choice of whether to marry, or that it is exploitative because the conditions of the contract are not equally beneficial for all parties. Despite the fact that she acknowledges that they are important in themselves, the genius of Pateman’s argument lies in her ability to go beyond these problems into the question of whether such a contract could ever be equal or free. She outlines how the concept of marriage contracts have hidden the broader sexual contract, where men (as a caste) are provided access to women’s bodies both in the divided public and private spheres of social life. Pateman does not only use the idea of sexual contract to analyse the adaptation of patriarchy to modern political structures, instead she also brilliantly counters the entire theory of social contract itself. Using women’s subjugation as only one example, Pateman argues that all contracts which involve property in the person, such as marriage contracts, employment contracts, and the social contract between citizens and government, inevitably create relations of subjugation.
Property in the person, Pateman explains, is a fundamental presumption of social contract theory. While this is fundamental to social contract theory, there are many problems with this idea. First, there is the logical inconsistency of the alienation of a person’s abilities or labour from themselves, which Pateman neatly dismisses, since a person’s entire self is necessary for the use of either. Therefore the question is not of contracting labour or abilities, but of contracting a person’s entire body and mind. Second, the idea that a person can be contractually obligated to hand over the use of their body to another, submit to the will of another, but at the same time be free and equal, is shown to be completely absurd. Any contract involving property in the person “(c)reates a relationship of subordination” (69). The idea of free and equal contracting under such circumstances is revealed as an ideological fraud.
When applied to the idea of the traditional sexual contract, that is the exchange of women’s obedience and their bodies for sex and domestic labour with men’s protection and economic support, the problem of women’s subjugation in all areas of modern social life can be clarified. Rape was (is) not seen to be possible within marriage because wives were (are) seen as having contracted away their sexual choice. Rape of another man’s wife is problematic because it goes against the fraternal order. Domestic violence continues to be a problem predominantly of men abusing women, or even murdering them. Sex work and pornography continues to be about men having access to women, or at least images of them. Women continue to be underpaid for their work outside of the home, and continue to be responsible for more than their share of the work inside the home. The question might be posed of how it is that even when divorce is rampant and women have entered the workforce in such large numbers, have abolished so many sexist laws and effected so much social change, women’s subjugation continues on such a massive scale and such a consistent basis. Pateman would answer that these developments, although important and necessary, have not changed the fundamental structure of the sexual contract, because it is imbued into our social relations on all levels.
Her later chapters show other examples of contracts involving property in the person, beginning with slavery and the idea of the ‘civil slavery contract’, and moving on to prostitution and surrogacy. Prostitution, or in more contemporary terms ‘sex work’, is a very important issue for feminism, and often a dividing line between different feminist perspectives. As in the case for domestic violence, rape, and women’s domestic labour, Pateman’s thesis delves deeper than less radical feminist analyses, not only looking at questions of exploitation or unequal contractual terms. Certainly the idea that ‘wage slavery’ is inherently exploitative is not new, having been a long-held position of socialists and anarchists, but Pateman deftly ties in the sexual contract with the idea of the ‘civil slave’ to clarify the importance of understanding women’s oppression in critiques of capitalist economics. When she applies her considerable intellectual skills to the issue of sex work, she comes up with a refreshingly respectful yet accurate assessment of the difficulties: she refuses to either accept that sex work (as it is practiced in the modern world) can ever be a free and equal exchange no matter how theoretically ideal the circumstances, or to allow sex work to be viewed as a problem of women.
Her analysis of surrogacy is particularly ahead of its time, as Pateman foresaw the inevitable power inequality in a practice that is increasingly common, and now has become an international industry where wealthy people from powerful nations can contract for the use of the bodies of poor women from developing nations. In each of her arguments Pateman demonstrates why attempts in standard feminist and anti-capitalist analyses, using questions of exploitation or coercion to work within the framework of social contract to argue for liberation will inevitably fail because the philosophical foundation of modern life is based on domination, and not free contractual relations.
Pateman’s brilliance is in her willingness to shine the light of her analysis far beyond where many of her contemporaries in various academic fields were prepared to look. While others discussed readily apparent expressions of women’s oppression, Pateman looked beyond the surface into the very structure of society. She elucidates the presuppositions that the ideology of the contract is based on, and what it means in practice for women’s subjugation. The challenge of her work is to go beyond the obvious problems of exploitation and abuse- which is not to dismiss them but to attack the foundation upon which they are created. In doing so, the interconnectedness of the systems of inequality are laid bare. Feminisms which do not see the root of the problem have always had the difficulties of trying to understand how all forms of women’s oppression are tied together (and thus how they can be simultaneously dismantled), as well as being unable to integrate feminism with other anti-oppressive analyses.
The history of white Western feminism has been fraught with problems of internal racism, classism, and other systems of subjugation. Sojourner Truth asked “Ain’t I a woman?” in 1851, and yet so many years later many forms of feminism exclude or downplay the importance of white supremacy. Pateman’s analysis of a specific group in a specific time period (e.g. Western women and modernity) is so thorough that it provides a model for the analysis of many other situations, not the least of which she alludes to herself in this book and goes on to explore in later works, that of racial oppression.
Pateman’s book is not perfect. Notably, she sometimes veers into an essentialism which does not seem to fit with the rest of her thesis. Calling transsexual women “simulacra” does not strengthen her argument in any way, especially given the high level of systemic violence experienced by these women, which belies the idea that transsexuality is in any way “pretence” (223). While the transsexual body is read as a male body within patriarchy, transsexual streetwalking women can be disposed of in the same way as any other kind of woman prostitute. Transsexual women are seen as predatory, in the same way that other women deemed unattractive (e.g. “fat”) seek to entrap men into relationships while they fail to live up to the standards of acceptable women’s bodies, though the consequences for transsexual women are often much more severe. Thus, transsexual women fit neatly within Pateman’s argument about women’s subjugation, and she neither needs to nor logically should exclude them. One could make the argument that this oversight (or prejudice) is due to the era in which Pateman was writing, but this seems weak for two reasons. First, Pateman is amazingly avant-garde in all other aspects of her thinking. This is not an author who follows the trends set by others, instead this entire book evidences a rare originality in its analysis. Furthermore, the book has been reprinted much more recently, giving Pateman ample opportunity to retract a sentence that lends nothing to her argument and is irrelevant to her point.
Another problem with The Sexual Contract is the somewhat circular writing style. Pateman is rarely explicit about her own view, requiring the reader to reconstruct this based on what she does not say. Her actual thesis is often inserted almost as an afterthought in the midst of a paragraph, which makes it less evident to the reader. For example, on page 146, Pateman says:
The issue is not abstract, unconstrained liberty, but the social relations of work, production, marriage and sexual life. Are relations between women and men to be politically free, and is there to be collective participation in the task of deciding what is to be produced and how it is to be produced; or is political right to be exercised by men, husbands, bosses, civil masters?
This is an excellent question, and almost a summary of the book’s entire subject. However, the reader is more than two-thirds of the way through the book before she makes this point.
Further hindering the clarity of her argument is the structure of the book. Although the chapters each cover the subject they purport to, there is a lot of repetition of the same themes. This leads to a very thorough argument but it can also cause confusion, particularly at the beginning of the book when it is sometimes unclear where Pateman is heading with her meticulous philosophical analysis.
Nonetheless, these problems of clarity cannot obscure the intellectual virtuosity of Pateman’s political analysis in this profoundly important book. Rarely have I read any other work in the fields of feminism or political analysis that so clearly demonstrates how intrinsic women’s subjugation is in our current social, political and economic structures. Pateman pinpoints exactly the source of the contradictions and problems in social contract theory, and she makes a very strong and thorough argument for the indivisibility of issues of women’s subjugation in modern societies from the question of democracy as a whole. Liberal feminism, libertarian capitalism, and patriarchal Marxism are thoroughly trounced without even being directly addressed, because they share common assumptions that Pateman brings forth from obscurity and unabashedly reduces to their absurd foundations.
For these reasons, The Sexual Contract is a remarkable contribution to political thought, and should be required reading for any student of political theory, feminist theory, or issues of democracy. It is not a particularly accessible text, due to Pateman’s meticulous engagement of classic Enlightenment philosophy, and because of the author’s somewhat roving writing style. This is unfortunate, as it offers such a unified and original critique of so many unspoken presumptions that continue to hold sway in political discourse today, on all sides of the political spectrum. An integral part of Pateman’s impressive academic career, this book evidences her importance as an intellectual and as a critic of social systems that work against democracy.