Carole Pateman is a contemporary feminist political theorist. Her 1988 book, The Sexual Contract, challenges the standard history of political thought. She argues that the famous “Social Contract” (Hobbes, Locke, Rousseau) tells only half the story. It hides a second, darker contract: the Sexual Contract.

Table of Contents

1. Introduction: The “Missing” Half of the Story
2. The Core Argument: Patriarchal Right vs. Paternal Right
3. The Sexual Contract (What is it?)
4. Critique of Contract Theory (Hobbes, Locke, Rousseau)
5. The Public/Private Divide
6. Marriage and Employment as Contracts
7. Critical Analysis (Mains/Advanced Perspective)
8. Contemporary Relevance
9. Summary Table
10. Sources

1. Introduction: The “Missing” Half of the Story

• The Standard Story: Classic political theory says that society moved from “Status” to “Contract.”
  • Old World: We were born subjects of a Father-King (Patriarchy).
  • Modern World: We are free individuals who sign a “Social Contract” to create a government (Democracy).
• Pateman’s Challenge: She argues this story is a lie. The “Social Contract” established freedom for men, but it simultaneously established the subjection of women.
• The Thesis: The Original Contract had two dimensions:
  1. Social Contract: Established the brotherhood of men (Civil Society).
  2. Sexual Contract: Established men’s political right over women (Private Sphere).

2. The Core Argument: Patriarchal Right vs. Paternal Right

To understand Pateman, you must understand how “Patriarchy” changed.

• Classical Patriarchy (Paternal Right):
  • Represented by Sir Robert Filmer.
  • The King is the “Father” of the nation. His power over citizens is like a father’s power over children. It is natural and God-given.
• Modern Patriarchy (Fraternal Right):
  • The Social Contract theorists (Locke/Rousseau) killed the “Father-King.” They said all men are equal brothers.
  • The Trick: They defeated Paternal Right (King over Man) but preserved Conjugal Right (Husband over Wife).
  • Instead of one big Patriarch (The King), modern society created millions of little Patriarchs (Husbands) who rule over their private homes. Pateman calls this the “Fraternal Social Contract.”

3. The Sexual Contract (What is it?)

• Definition: It is the unspoken agreement that grants men legitimate access to women’s bodies and labor.
• The Mechanism:
  • In the “State of Nature,” women were arguably free.
  • To enter “Civil Society,” men agreed to a contract.
  • Crucial Point: Women were excluded from making this contract. They were the objects of the contract, not the subjects.
• The Exchange: Men grant each other equal political rights (democracy) in exchange for recognizing each man’s private dominion over “his” woman.

4. Critique of Contract Theory

Pateman re-reads the classic thinkers to expose their sexism.

• Hobbes: He admitted women were naturally strong enough to kill men (equality in State of Nature). But he suddenly drops them from his Social Contract without explanation, assuming they are “conquered” by men (The Family).
• Locke: He separated “Political Power” (Magistrate) from “Paternal Power” (Husband). He made the State liberal/democratic but left the Family authoritarian. He defined a “free individual” as one who owns property (including property in his own person). Since women couldn’t own property (they were property), they couldn’t be citizens.
• Rousseau: The worst offender. He explicitly stated that women must be subjected to men to ensure “legitimate children.” He created the “Private Sphere” specifically to contain women so men could be free citizens in the “Public Sphere.”

5. The Public/Private Divide

Pateman argues that the separation of “Public” and “Private” is the main tool of women’s oppression.

• The Public Sphere (Civil Society):
  • The world of Men, Politics, Work, Rights, and Contract.
  • Governed by: Freedom, Equality, Reason.
• The Private Sphere (The Family):
  • The world of Women, Nature, Emotion, and Subjection.
  • Governed by: Natural Hierarchy (Husband rules Wife).
• The Connection: The “Freedom” of the public sphere is built on the “Slavery” of the private sphere. Men can only be independent citizens because women are at home doing the unpaid labor (washing, cooking, child-rearing).

6. Marriage and Employment as Contracts

Pateman analyzes modern contracts to show the “Sexual Contract” is still alive.

A. The Marriage Contract

• It looks like a free contract (two people say “I do”).
• The Flaw: In a normal contract, you can negotiate the terms. In marriage (traditionally), the State sets the terms (sexual access, obedience). You cannot “customize” it.
• Historically, the “Coverture” laws meant a woman lost her legal identity the moment she signed the contract. She became civilly dead.

B. The Employment Contract (and Prostitution)

• Pateman argues the “Employment Contract” is a form of subordination (Master/Servant).
• Prostitution: She views prostitution not as a “job” but as the ultimate expression of the Sexual Contract. It is the buying of the right to command a woman’s body. It reinforces the idea that men have a “right” to sexual access.

7. Critical Analysis (Mains/Advanced Perspective)

Strengths (Merits):

• Systemic Critique: She showed that sexism isn’t an “accident” or “leftover” in liberal democracy; it is the foundation of it.
• Redefining Contract: She exposed that “Contract” (usually seen as the tool of freedom) can be a tool of subordination. If you sell yourself into slavery, it is a contract, but you are still a slave.

Weaknesses (Critiques):

• Essentialism: Critics argue she assumes “Men” and “Women” are fixed categories. She ignores how race and class complicate the contract (e.g., Black men were also excluded from the original Social Contract).
• Victimization: Some modern feminists (Sex Positive Feminists) argue Pateman views women too much as victims. They argue women can use contracts (like marriage or sex work) for their own empowerment if they have agency.
• Historical Accuracy: Historians argue there was no actual “moment” when men sat down and signed a Sexual Contract against women; it is a metaphorical device, not history.

8. Contemporary Relevance

1. #MeToo Movement: Pateman’s argument that men feel an “entitlement” to women’s bodies (derived from the Sexual Contract) explains the culture of harassment.
2. Surrogacy Debates: Is commercial surrogacy a “free contract” or the sale of a woman’s body? Pateman would argue it is a modern version of the Sexual Contract (using women as vessels).
3. The “Crisis of Masculinity”: As women enter the Public Sphere, the “Sexual Contract” is breaking. Men are losing their guaranteed dominion, leading to a backlash (Fraternal resentment).

9. Summary Table

10. Sources

• Pateman, Carole. The Sexual Contract (1988).
• Pateman, Carole. The Disorder of Women.
• Mills, Charles. The Racial Contract (A famous book inspired by Pateman, applying the logic to Race).
• Okin, Susan Moller. Justice, Gender, and the Family.