The Future is Female: A Philosophical and Legal Understanding of the Control of the Body

Abstract

During a time in which the dominant narrative is that women are equal in all regards, this thesis will argue the opposite. Through an understanding of liberty, the concept of negative and positive rights will demonstrate that the Constitution was not crafted to encompass positive rights which ensures that reproductive rights are left up to interpretation and not guaranteed for all women in all places. Shifting to an examination of the role of the female, it will be evident that the role of the female in society has grown yet remained constant in its emphasis on the role for reproduction. Yet until women can exist in society without being defined by her body and her biology, she will not be truly equal to her male counterparts. Finally, an examination of Supreme Court cases and different legislation will demonstrate that the control of the female body has been placed in the hands of the government. The future of equality depends on a new understanding of what it means to have rights, what it means to be protected by the government, and what it means to be female.