{"title":"再看战争法的性别构成","authors":"Frédéric Mégret","doi":"10.1163/18781527-bja10077","DOIUrl":null,"url":null,"abstract":"\nThis article argues that the gendered constitution of the regulation of war runs even deeper than typically understood. Instead of merely the laws of war’s internal categories being gendered, it is the entire apparatus of war’s regulation as expressed in various versions of its denomination that manifests different shades of gender. Specifically, the article shows how the laws of war emerged as the hegemonic masculine synthesis between different conceptions of manhood, from the most unconstrained to the most chivalrous. As that compromise has been challenged by more ‘feminine’ approaches, this has triggered repeated reassertions of the regulation of war’s inherently masculine character. The article speculates about the staying power of the masculine script of war through law at the intersection of misogyny, racism and the politics of legal expertise. It concludes by reflecting on what it might mean to transcend the implicit heteronormativity of the regulation of war by queering its categories.","PeriodicalId":41905,"journal":{"name":"Journal of International Humanitarian Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Another Look at the Gendered Constitution of the Laws of War\",\"authors\":\"Frédéric Mégret\",\"doi\":\"10.1163/18781527-bja10077\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThis article argues that the gendered constitution of the regulation of war runs even deeper than typically understood. Instead of merely the laws of war’s internal categories being gendered, it is the entire apparatus of war’s regulation as expressed in various versions of its denomination that manifests different shades of gender. Specifically, the article shows how the laws of war emerged as the hegemonic masculine synthesis between different conceptions of manhood, from the most unconstrained to the most chivalrous. As that compromise has been challenged by more ‘feminine’ approaches, this has triggered repeated reassertions of the regulation of war’s inherently masculine character. The article speculates about the staying power of the masculine script of war through law at the intersection of misogyny, racism and the politics of legal expertise. It concludes by reflecting on what it might mean to transcend the implicit heteronormativity of the regulation of war by queering its categories.\",\"PeriodicalId\":41905,\"journal\":{\"name\":\"Journal of International Humanitarian Legal Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-06-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Humanitarian Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/18781527-bja10077\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Humanitarian Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18781527-bja10077","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Another Look at the Gendered Constitution of the Laws of War
This article argues that the gendered constitution of the regulation of war runs even deeper than typically understood. Instead of merely the laws of war’s internal categories being gendered, it is the entire apparatus of war’s regulation as expressed in various versions of its denomination that manifests different shades of gender. Specifically, the article shows how the laws of war emerged as the hegemonic masculine synthesis between different conceptions of manhood, from the most unconstrained to the most chivalrous. As that compromise has been challenged by more ‘feminine’ approaches, this has triggered repeated reassertions of the regulation of war’s inherently masculine character. The article speculates about the staying power of the masculine script of war through law at the intersection of misogyny, racism and the politics of legal expertise. It concludes by reflecting on what it might mean to transcend the implicit heteronormativity of the regulation of war by queering its categories.
期刊介绍:
The Journal of International Humanitarian Legal Studies is a peer reviewed journal aimed at promoting the rule of law in humanitarian emergency situations and, in particular, the protection and assistance afforded to persons in the event of armed conflicts and natural disasters in all phases and facets under international law. The Journal welcomes submissions in the areas of international humanitarian law, international human rights law, international refugee law and international law relating to disaster response. In addition, other areas of law can be identified including, but not limited to the norms regulating the prevention of humanitarian emergency situations, the law concerning internally displaced persons, arms control and disarmament law, legal issues relating to human security, and the implementation and enforcement of humanitarian norms. The Journal´s objective is to further the understanding of these legal areas in their own right as well as in their interplay. The Journal encourages writing beyond the theoretical level taking into account the practical implications from the perspective of those who are or may be affected by humanitarian emergency situations. The Journal aims at and seeks the perspective of academics, government and organisation officials, military lawyers, practitioners working in the humanitarian (legal) field, as well as students and other individuals interested therein.