Feeling Queer Jurisprudence
Feeling Queer Jurisprudence

Author: Senthorun Sunil Raj

Publisher: Routledge

Published: 2020-01-09

Total Pages: 168

ISBN-13: 1351128043

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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.

Feminist and Queer Legal Theory
Feminist and Queer Legal Theory

Author: Martha Albertson Fineman

Publisher: Routledge

Published: 2016-04-15

Total Pages: 542

ISBN-13: 1317135725

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Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-à-vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.

The Queer Outside in Law
The Queer Outside in Law

Author: Senthorun Raj

Publisher: Springer Nature

Published: 2020-11-30

Total Pages: 281

ISBN-13: 3030488306

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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.

Queer Theory: Law, Culture, Empire
Queer Theory: Law, Culture, Empire

Author: Robert Leckey

Publisher: Routledge

Published: 2010-06-10

Total Pages: 304

ISBN-13: 1135147884

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Queer Theory: Law, Culture, Empire uses queer theory to examine the complex interactions of law, culture, and empire. Building on recent work on empire, and taking contextual, socio-legal, comparative, and interdisciplinary approaches, it studies how activists and scholars engaged in queer theory projects can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The authors – from five continents – delve into examples drawn from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts – from cultural productions to laws and judgments – as regulatory forces requiring scrutiny from outside Western, heterosexual privilege. This innovative collection goes beyond earlier queer legal work, engaging with recent developments, featuring case studies from India, South Africa, the US, Australasia, Eastern Europe, and embracing the frames offered by different disciplinary lenses. Queer Theory: Law, Culture, Empire will be of particular interest to students and researchers in the fields of socio-legal studies, comparative law, law and gender/sexuality, and law and culture.

Queer Criminology
Queer Criminology

Author: Carrie L. Buist

Publisher: Routledge

Published: 2015-10-05

Total Pages: 111

ISBN-13: 1317580931

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Winner of the 2016 Book Award from the American Society of Criminology, Division of Critical Criminology. In this book, Carrie L. Buist and Emily Lenning reflect on the origins of Queer Criminology, survey the foundational research and scholarship in this emerging field, and offer suggestions for the future. Covering topics such as the criminalization of queerness; the policing of Queer communities; Queer experiences in the courtroom; and the correctional control of Queer people, Queer Criminology synthesizes the work of criminologists, journalists, legal scholars, non-governmental organizations, and others to illuminate the historical and contemporary context of the Queer experience. Queer Criminology offers examples of the grave injustices that Queer people face around the world, particularly in places such as Russia, Kyrgyzstan, England, India, Thailand, Nigeria, and the United States. These injustices include, but are not limited to, selective enforcement, coerced confessions, disproportionate sentencing, rape, extortion, denial of due process, forced isolation, corporal punishment, and death. By highlighting a pattern of discriminatory, disproportionate, and abusive treatment of Queer people by the criminal legal system, this book demonstrates the importance of developing a criminology that critiques the heteronormative systems that serve to oppress Queer people around the world. Buist and Lenning argue that criminology is incomplete without a thorough recognition and understanding of these Queer experiences. Therefore, Queer Criminology is a vital contribution to the growing body of literature exploring the Queer experience, and should be considered a necessary tool for students, scholars, and practitioners alike who are seeking a more just criminal legal system.

Queering Criminology in Theory and Praxis
Queering Criminology in Theory and Praxis

Author: Carrie Buist

Publisher: Policy Press

Published: 2022-03-29

Total Pages: 334

ISBN-13: 1529210690

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This ground-breaking book explores the practical applications of queer theory for criminal justice practitioners. It covers theoretical concepts within queer criminology and the experiences of LGBTQ+ individuals as victims, offenders and professionals, and proposes ways in which a real difference can be made to training, policy and practice.

Sexual Orientation and the Law
Sexual Orientation and the Law

Author: Harvard Law Review

Publisher: Harvard University Press

Published: 1990

Total Pages: 180

ISBN-13: 9780674802933

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This book gives an overview of how the laws of the time affect lesbians and gay men in how they go about their lives.

The Unfinished Queer Agenda After Marriage Equality
The Unfinished Queer Agenda After Marriage Equality

Author: Angela Jones

Publisher: Routledge

Published: 2018-04-17

Total Pages: 194

ISBN-13: 1351365533

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While legal recognition of marriage has met the needs of a segment of the LGBTQ population, many still face daily struggles with issues around housing, education, healthcare, policing and incarceration, and immigration. These are issues that were largely eclipsed in national arenas by the fight for marriage equality. In reaction to this, The Unfinished Queer Agenda After Marriage Equality examines the institutional failings and overlapping systems of injustice that continue to dehumanize queer and trans people and deprive them of basic human rights. Building on a major conference held in 2016 entitled "After Marriage: The Future of LGBTQ Politics and Scholarship", the editors have collected academic papers, edited transcripts of selected conference sessions, and interviews with activists. Drawing from this source material, the book argues that any queer agenda should be informed by an understanding that the issues facing queer and trans people come from the combined influence of neo-liberal capitalism, global white supremacy, and heterosexism. The authors argue that these modes of oppression continue to be especially damaging for poor people, undocumented people, people of color, non-binary, trans, and queer people. By taking an in-depth look at the myriad social issues that continue to affect LGBTQ communities, and by exposing systemic prejudices and inequality as the root cause, this title is an important intervention for students and researchers engaged with queer and trans activism, beyond the fight for marriage equality.

Homosexuality in the Jurisprudence of the Supreme Court of India
Homosexuality in the Jurisprudence of the Supreme Court of India

Author: Yeshwant Naik

Publisher: Springer

Published: 2017-04-07

Total Pages: 234

ISBN-13: 3319554352

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The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.

The Long Arc of Justice
The Long Arc of Justice

Author: Richard Mohr

Publisher: Columbia University Press

Published: 2005-02-23

Total Pages: 196

ISBN-13: 0231509448

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Engaging the whole spectrum of public-policy issues affecting gays and lesbians from a humanistic and philosophical approach, Richard Mohr uses the tools of his trade to assess the logic and ethics of gay rights. Focusing on ideas and values, Mohr's nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. By drawing on cultural-, legal-, and ethical-based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.Mohr forcefully counters moralistic and religious arguments regularly invoked to keep gay men and women from achieving the same rights as heterosexuals. He examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in the national rituals by which Americans define themselves. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through the means by which people meet their basic needs and carry out their everyday living. Mohr contends that this definition, in both its legal and moral sense, applies equally to homosexual and heterosexual couples. Mohr also considers gays and lesbians as community members as he explores the prospect for greater legal and social inclusion. He concludes by suggesting that recent progress in addressing civil rights for gays and lesbians and the nation's symbolic use of gay issues on both sides of the political spectrum calls for a culturally focused gay politics.