Men shall be Soldiers? Shall not be Queers? ── An Analysis of Taiwan Compulsory Military Training / Forced Labour：Permissibility, Legal Justice and Gender Pluralism

• Main Authors: Allen Jingquan Hertzberger, 張金權
• Other Authors: 葛祥林
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/00391256830692197181

碩士 === 國立臺灣大學 === 國家發展研究所 === 99 === 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”.