This PhD research project explores the use of the legal concept of property to develop a theoretical framework for understanding the relationship between law, men, and masculinities. It aims to shed light on how legal systems and principles intersect with broader social dynamics related to gender. The project is inspired by Cheryl Harris’s influential article “Whiteness as Property”, which used the concept of property to analyze how law, individuals and structural racism connect with each other. This dissertation considers whether a similar conceptual approach could be applied to masculinity and seeks to conceptualize masculinity in propertized terms as well.
The first part of the dissertation develops the conceptual foundation for studying how law, men, masculinities relate with each other. It proposes to further develop emerging scholarship on men, masculinities and law as a coherent and unified research agenda, which could be named “critical legal masculinities studies”.
The second part of the research examines case law from the Court of Justice of the European Union, focusing on positive action. It analyzes how, in some instances, the Court’s legal interpretations may align with the interests of men as a group, potentially reinforcing existing gendered patterns within the legal system.
Subsequently, the study revisits these findings through the lens of property theory. It thinks about masculinity with the help of property and proposes that masculinity can function as a social resource, which allows to shape interpersonal interactions and influence how legal norms are applied or interpreted.
In its final chapter, the dissertation reverses the inquiry by examining how the concept of property itself might be reconsidered in light of gender theory. It reimagines what property is and how it functions by bringing together socio-legal scholarship on property as social practice and gender performativity theory. It reveals that property and gender constitute interdependent regulatory tools that lead to repetitive and collectively recognized social practices which define who can do what. By conceptualizing masculinity as a form of property, the study offers a new perspective on how social norms and legal frameworks can intersect.
