Abstract

This paper addresses the problem of patriarchy in Hegel’s Philosophy of Right by focusing on his conceptualization of family life. The question is not whether the social order envisaged by Hegel is patriarchal or not: his account of the domestic relations between the sexes, in the first place, leaves no doubt about the fact that what he has in mind is a society ruled by men at all levels, while women have no access to public life broadly conceived (from the labour market to corporations and political affairs). The point is rather to ask what kind of patriarchal order this is. Through an analysis of Hegel’s joint criticism of both the social contract and the marriage contract, I intend to show how a specifically modern form of patriarchal rule, understood as pure masculine domination, has emerged as the product of the contractualist interpretation of social relationships. Hegel helps us indeed acknowledge that a peculiar kind of dominion, one that systematically places the structure of arbitrariness at the heart of politics, is inscribed in the rationale of contractualism in so far as it has progressively become the theoretical basis of legitimate authority in modern European states. Patriarchy, in this context, surfaces as the negation of traditional patriarchal rule: it consists in the formalistic and thus arbitrary absolutization of a masculine order that is no longer articulated in society’s constitutional arrangement but is ideologically subsumed from an unproblematized social experience. Hegel’s patriarchal order, on the contrary, remains a strictly political-constitutional feature of the organization of ethical life. Although his views in this regard are both despicable and unviable for us, then, his speculative contribution concerning the conceptual framework of social domination can help us better frame modern and contemporary forms of patriarchy.