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Examining Masculinities: Why Gillette Struck a Nerve

A drawing of a king holding an old-fashioned safety razor with the message "Gillette Safety Razor: King of Them All"

Editor’s note: This article is the second of a brief series on Gillette’s “We Believe: The Best Men Can Be” ad that aired on January 13, 2019. 

The recent Gillette short film “We Believe: The Best Men Can Be” has received vocal backlash from some viewers.

Gillette’s commercial film touched on critiques of “toxic masculinity” (also known as “hegemonic masculinity”). But the short film is also firmly rooted in empathy and concern for those who identify as male and takes up male victimization. The recurrent protagonist is a boy running from a group of relentless bullies. Terry Crews is also featured, a beloved advocate for positive masculinity who has spoken out about his experiences as a victim of sexual harassment and as the child of domestic abuse. The film also references the #MeToo movement in media montages and a mock sitcom where a white man harasses a cleaning woman of colour. It exhibits ”benign” examples of misogyny, including a moment where the camera focuses in on the expression of a woman at a corporate-looking table as her male colleague silences her and speaks over her, “Actually, what I think she’s trying to say…”

At the thirty-five second mark, the camera pans across a line of men towering over barbecues, arms pugnaciously crossed, muttering in unison ”Boys will be boys will be boys will be boys” ad infinitum. The film highlights how this classic, reductive tautology serves as a straitjacket for the supposed beneficiaries of “traditional masculinity” as much as a fortress against those who are excluded from it.

It is revealing that much of the outcry against the commercial revolves around this same circular cry, “Boys will be boys!” The backlash has a confusing logic, however. Contrary to what critics say, Gillette offers positive examples of masculinity. Its very title suggests masculinity can be more than benign – it can be superlative. The film showcases a group of young men resolving a conflict among themselves, a father nurturing his tiny daughter’s self-confidence, male figures intercepting bullying among children and checking a catcaller in his tracks, and ends with lingering shots on the thoughtful, trusting, hope-filled faces of young boys.

To what, then, do its critics object? Certainly, the commercial scrutinizes a still-prevalent version of performed “masculinity.” But gender scrutiny is deeply embedded within culture and within advertising as a particularly influential capitalist cultural medium. Femininities are regularly examined. Women are routinely exposed to media and discourses that tell them how to be women. These injunctions include impossible expectations of thinness and narrowly Western beauty ideals, enforcing traditionally female occupations overcoming workforce barriers without seeming too female, balancing being caregivers, breadwinners, and managing an enviable “lifestyle” for themselves and their loved ones while exhibiting positive emotion and self-control in all things, being confident and assertive without coming across as aggressive, being maternal without giving up one’s career and vice-versa, et cetera (for more details on women and perfectionism, click here, here, and here). These themes are so ubiquitous as to be immediately recognizable in satire. (One such satire is “Man who has it all,” a social media experiment that switches the male for the female gender in providing “helpful lifestyle tips” and highlights the pressures which advertisers and culture-at-large place on women to be perfect in every way to achieve minimal respectability.)

Masculinities and femininities are undoubtedly subject to interrogation and contestation. But it seems peculiar for a short film to inspire such controversy for encouraging men to be role models for the next generation by rejecting abuse, violence, and unreasoning defensiveness.  Some may question whether companies are best positioned to further our social conscience, while others welcome corporations taking on responsibility even if driven by a profit motive to be on the side of social evolution.  

Gillette’s ad ultimately advocates an extremely parsimonious set of norms — a minimum bar of human decency by any gender standard. Some could even argue that it does so by endorsing some traditional conceptions of masculinity as honorable and strong or ‘’virtuous’’ (in its etymological connotations of ‘’manliness’’). For some, the ad endorsed truly “manly” behaviour, reminiscent of the concept of a “gentleman,” which, along with its conceptual counterpart of “ladies,” is also grounded in highly specific gendered, racial and classed identity and performance.  

The American Psychological Association recently came out with its first guide to practice with men and boys. This represents a moment of introspection in psychological discipline. The APA has had a guidebook for treating women and girls since 2007. But the need to examine masculinities as an object of observation to the sciences and not merely as the default subject is overdue by much more than a decade. As in other disciplines, the typical psychological subject was presumed to be a white male, a standing point that served as a proxy for the whole human race. While psychology is not unique in assuming a European-descended male as its implicit subject this moment is revealing how limiting a privileged standing point can be, even to those who accrued social benefits from being silently and exclusively represented as the default in the network of knowledge and power domains.

The default male figure as the unquestioned subject of knowledge traditionally understood can now also be the object of social gaze and reflection. Perhaps it is inevitable for this to be the source of some anxiety. In this case, the APA’s guidelines are well-timed to this social moment.

Judd v Weinstein: Reexamining Ex Post Facto

Photograph of a gavel next to two large books

In the United States hundreds of new laws come into effect every year at both the state and federal level. Some of these laws criminalize actions that were once legal, while others simply serve to reform the existing judicial system. The concept of retroactive punishment has been a concept debated in the philosophy of law since the beginning of time. At the heart of this debate lies the relationship between the law and morality as well as the purpose of the law itself. One recent example which demonstrates the tension between the law and morality is Ashley Judd’s lawsuit against Harvey Weinstein. In the case, Judd cites a law which prohibits sexual harassment of the nature which Judd is alleging. However, Judge Philip S. Gutierrez dismissed this charge because, at the time of the alleged harassment, late 1996 to early 1997, the law cited did not extend to producers such as Weinstein. While Judd is still able to pursue a defamation charge against Weinstein, the dismissal of the harassment allegations seems troubling, especially considering Weinstein’s current legal standing with sexual harassment and assault. Was it wrong for Gutierrez to dismiss the charges? Should a person be punished for an act that was not illegal at the time that it was committed? And is the purpose of the law inherently tied to morality?

The allegations against Weinstein that began in 2017 not only ushered in the #MeToo movement, but also posed questions about the ties between the law and morality. In one specific case, Ashley Judd vs Harvey Weinstein, Weinstein’s actions toward Judd, which include harassment of a sexual nature while he was in a position of power over Judd, were found to be legal for Weinstein at the time that he committed them. Despite the fact that Weinstein’s actions would be illegal today, a judge found that he could not be charged with these allegations in the present. The inapplicability of retroactive laws, otherwise known as ex post facto, is an important concept in the philosophy of law. An ex post facto law is defined as “a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.” Currently, there are two statutes in the United States Constitution that prohibit ex post facto laws, Art 1, § 9 and Art. 1 § 10

The prohibition of ex post facto laws is not unique to the U.S. with many countries observing the unjust nature of such laws. In fact, the illegitimacy of ex post facto shares widespread support in part due to its prevalence in U.S. courts since the 18th century. U.S. Supreme case Calder v. Bull (1798) established the fundamental aspects of ex post facto laws including laws that “create or aggravate the crime or increase the punishment or change the rules of evidence for the purpose of conviction.

A more recent Supreme Court decision which is often cited is that of Beazell v Ohio (1925). In this case, the majority held that “any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto.” Ex post facto is not only considered essential to the integrity of the judicial system but can also be argued for on the basis of morality.

While one might admit that Weinstein’s actions were morally wrong, one could ultimately hold that it is unjust to punish him for an act he committed that was (unfortunately) legal at the time. Punishing him might set a bad precedent that would essentially undermine the value that laws hold. Why even pass new laws making sexual harassment illegal if one can be punished without the laws taking effect? On the other hand, proponents of punishing Weinstein would argue that what makes Weinstein deserving of punishment in this case is the abhorrent and immoral nature of his actions. If the purpose of law is to either punish those who deserve to be punished or contribute to the welfare of society, then Weinstein could be justifiably be punished either way. But can we truly pick and choose which actions justify ex post facto and which do not? If I were to buy cigarettes today and it becomes illegal to purchase cigarettes in 2 weeks, should I be punished for the time I bought cigarettes? What if I were to prank-call my neighbor? Or drive the speed limit in the fast lane? Though these scenarios are small, they all demonstrate that it seems silly and unreasonable to apply ex post facto punishments in every situation, but it also becomes hard to draw the line in which cases are appropriate. The judge’s logic in this case as well as the general attitude that law and morality should stay separate is relatively popular within legal positivism.

On the other hand, some proponents of natural law might argue that retroactive laws can and should indeed be enforced. This is because the justification for punishment stems not only from the breaking of a man-made law, but also a moral law. Though an act might not have been illegal within code, it is still against the fundamental moral laws reinforced by a higher power. Debates about ex post facto laws were especially prevalent during the international Nuremberg trials of Nazi war criminals. The state of international law during the Nazi era did not indicate an illegality of some of the most morally repugnant actions of Nazis at the time, including the Holocaust. Regardless of this fact, many in the international political and judicial community felt that officials in the Nazi regime should be punished for their crimes against humanity. However, not everyone agreed, including Jewish legal scholars, such as United States federal judge Charles Wyzanski Jr., who stressed the violation of the ex post facto principle in several cases during the Nuremberg trials. But perhaps, to many people, the decision to punish Nazis for every morally reprehensible act they committed is necessary and just regardless of the circumstances. If the purpose of law is to punish, prevent future crime, or both, it seems that there are many instances, Weinstein’s included, that could morally merit the application of ex post facto punishment.

Though Judd will not be able to pursue sexual harassment charges against Weinstein, many others are successfully pursuing their cases of sexual assault against Weinstein at a trial in New York in 2019. While many would argue that Weinstein’s harassment of Judd should have been illegal in the first place, it is also possible to recognize the importance of upholding the integrity of the law and the ex post facto principle. As we continue to modify and enhance laws against sexual harassment, one can hope that cases such as Judd’s find proper legal and moral justice in the future.

On Supposed Harm

Image of Sen. Grassley with two people behind him

Editor’s Note: The confirmation hearings of Brett Kavanaugh, the allegations against him, and the subsequent congressional hearing interviewing Dr. Blasey Ford have spurred many difficult, complex reactions. This week, we will be publishing varied perspectives on the spectrum of topics brought to the fore by Dr. Blasey’s hearing. This is the fifth article of that series.   

This past week, Brett Kavanaugh claimed his life and family were significantly harmed by Dr. Ford recounting her experiences with him: “My family and my name have been totally and permanently destroyed by vicious and false additional accusations.” The possibility that he may not receive the position of Supreme Court Justice has been framed by many as a punishment for behavior he performed as a youth, and therefore too stringent a comeuppance. Further, Kavanaugh “losing out” on this opportunity has been cast as part of the current climate brought about by the #metoo movement where supposedly men must be on their guard and are under unjustified attack.   Continue reading “On Supposed Harm”