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This book draws on the analytic and political dimensions of queer,
alongside the analytic and political usefulness of emotion, to
navigate legal interventions aimed at progressing the rights of
LGBT people. Scholars, activists, lawyers, and judges concerned
with eliminating violence and discrimination against LGBT people
have generated passionate conversations about pursuing law reform
to make LGBT injuries, intimacies, and identities visible, while
some challenge the ways legal systems marginalise queer minorities.
Senthorun Sunil Raj powerfully contributes to these ongoing
conversations by using emotion as an analytic frame to reflect on
the ways case law seeks to "progress" the intimacies and identities
of LGBT people from positions of injury. This book catalogues a
range of cases from Australia, the United States, and the United
Kingdom to unpack how emotion shapes the decriminalisation of
homosexuality, hate crime interventions, anti-discrimination
measures, refugee protection, and marriage equality. While
emotional enactments in pro-LGBT jurisprudence enable new forms of
recognition and visibility, they can also work, paradoxically, to
cover over queer intimacies and identities. Raj innovatively shows
that reading jurisprudence through emotions can make space in law
to affirm, rather than disavow, intimacies and identities that
queer conventional ideas about "LGBT progress", without having to
abandon legal pursuits to protect LGBT people. This book will be of
interest to students and scholars of human rights law, gender and
sexuality studies, and socio-legal theory.
This book contributes to current debates about "queer outsides" and
"queer outsiders" that emerge from tensions in legal reforms aimed
at improving the lives of lesbian, gay, bisexual, transgender,
intersex, and queer people in the United Kingdom. LGBTIQ people in
the UK have moved from being situated as "outlaws" - through
prohibitions on homosexuality or cross-dressing - to respectable
"in laws" - through the emerging acceptance of same-sex families
and self-identified genders. From the partial decriminalisation of
homosexuality in the Sexual Offences Act 1967, to the provision of
a bureaucratic mechanism to amend legal sex in the Gender
Recognition Act 2004, bringing LGBTIQ people "inside" the law has
prompted enormous activist and academic commentary on the
desirability of inclusion-focused legal and social reforms.
Canvassing an array of current socio-legal debates on colonialism,
refugee law, legal gender recognition, intersex autonomy and
transgender equality, the contributing authors explore "queer
outsiders" who remain beyond the law's reach and outline the ways
in which these outsiders might seek to "come within" and/or "stay
outside" law. Given its scope, this modern work will appeal to
legal scholars, lawyers, and activists with an interest in gender,
sex, sexuality, race, migration and human rights law.
This book contributes to current debates about "queer outsides" and
"queer outsiders" that emerge from tensions in legal reforms aimed
at improving the lives of lesbian, gay, bisexual, transgender,
intersex, and queer people in the United Kingdom. LGBTIQ people in
the UK have moved from being situated as "outlaws" - through
prohibitions on homosexuality or cross-dressing - to respectable
"in laws" - through the emerging acceptance of same-sex families
and self-identified genders. From the partial decriminalisation of
homosexuality in the Sexual Offences Act 1967, to the provision of
a bureaucratic mechanism to amend legal sex in the Gender
Recognition Act 2004, bringing LGBTIQ people "inside" the law has
prompted enormous activist and academic commentary on the
desirability of inclusion-focused legal and social reforms.
Canvassing an array of current socio-legal debates on colonialism,
refugee law, legal gender recognition, intersex autonomy and
transgender equality, the contributing authors explore "queer
outsiders" who remain beyond the law's reach and outline the ways
in which these outsiders might seek to "come within" and/or "stay
outside" law. Given its scope, this modern work will appeal to
legal scholars, lawyers, and activists with an interest in gender,
sex, sexuality, race, migration and human rights law.
This book draws on the analytic and political dimensions of queer,
alongside the analytic and political usefulness of emotion, to
navigate legal interventions aimed at progressing the rights of
LGBT people. Scholars, activists, lawyers, and judges concerned
with eliminating violence and discrimination against LGBT people
have generated passionate conversations about pursuing law reform
to make LGBT injuries, intimacies, and identities visible, while
some challenge the ways legal systems marginalise queer minorities.
Senthorun Sunil Raj powerfully contributes to these ongoing
conversations by using emotion as an analytic frame to reflect on
the ways case law seeks to "progress" the intimacies and identities
of LGBT people from positions of injury. This book catalogues a
range of cases from Australia, the United States, and the United
Kingdom to unpack how emotion shapes the decriminalisation of
homosexuality, hate crime interventions, anti-discrimination
measures, refugee protection, and marriage equality. While
emotional enactments in pro-LGBT jurisprudence enable new forms of
recognition and visibility, they can also work, paradoxically, to
cover over queer intimacies and identities. Raj innovatively shows
that reading jurisprudence through emotions can make space in law
to affirm, rather than disavow, intimacies and identities that
queer conventional ideas about "LGBT progress", without having to
abandon legal pursuits to protect LGBT people. This book will be of
interest to students and scholars of human rights law, gender and
sexuality studies, and socio-legal theory.
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