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Liberal Democracy and the Problem of Patriarchy
David AJ Richards
Journal:

Israel Law Review / Volume 46 / Issue 2 / July 2013

Published online by Cambridge University Press:

14 June 2013, pp. 169-191

Print publication:

July 2013
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This article addresses how and why liberal democratic constitutions, such as the United States, have come to recognise the tension between liberal values of equal liberty and patriarchy in three areas – contraception, abortion, and gay/lesbian sex acts – and to resolve them in the way in which they have: by extending constitutional protection to these activities on the basis of a constitutional right to privacy. The article begins with some historical understanding of the background of the rise of patriarchy, and why the control of sexuality in general, and women's sexuality in particular, was so central to its aims. It then turns to how and why liberal constitutionalism has found these aims to be so problematic as a basis for law.