Men shall be Soldiers? Shall not be Queers? ── An Analysis of Taiwan Compulsory Military Training / Forced Labour：Permissibility, Legal Justice and Gender Pluralism
Date Issued
2011
Date
2011
Author(s)
Jingquan Hertzberger, Allen
Abstract
The word “Queer” refers to those who are usually thought to be deviated from the mainstream gender order (e.g. homosexuality, bisexuality, sissy male, transgender…etc.). Military is associated with the typical icon of masculinity. In such environment, warriors tend to obey the order of “integral masculinity”, including masculine, heterosexual, misogyny and homophobic from mind to behavior. The gendered compulsory military is built according to biological sex, which is an arbitrary binary gender classification regardless of the differences of one another and possibilities of human’s gender capability, assuming all men are the same, their masculinity are “integral” the same, and ought to commence such masculine obligation with no doubt. These situations, including binary gendered, compulsory masculinity in the military has been producing agony and injustice to some people very deeply. This note is trying to file some legal arguments resisting compulsory military from freedom, gender pluralism viewpoint, and then review the concept of equality as an institutional transcend to stop gender oppression, discrimination and inequality of present conscription system. These discourses form a kind of attempt from “Queer Jurisprudence”.
Subjects
Gender Pluralism
Queer
Sexual Dimorphism
Gender Stereotype
Gender Performativity
Compulsory Military Training and Conscription
Constitutional Law
Conscience
Type
thesis
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