Feeling Queer Jurisprudence


Book Description

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.




Feeling Queer Jurisprudence


Book Description

"This book draws on the analytic and political dimensions of queer, alongside the analytic and political usefulness of reading emotion, to navigate legal interventions aimed at addressing 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 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, United States, and 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 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 better 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"--




The Queer Outside in Law


Book Description

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.




Enticements


Book Description

Provides a variety of queer, interdisciplinary interventions upon the social and legal regulation of sex, gender, reproduction, and family. In Enticements, an exceptional group of interdisciplinary scholars comes together to contribute to the field of Queer Legal Studies. The essays investigate a wildly proliferating assortment of genders, sexualities, and intimacies, questioning how they have been regulated, criminalized, or privileged by law and other regulatory forces. Enticements expands and expounds on the discipline of queer legal studies. Contributors focus on a wide range of sex/gender regulatory regimes, interrogating the use and abuse of queer history for impact litigation and social change, colonial and postcolonial sex laws otherwise obscured by the modern LGBT paradigm of sexual identity, and the policing of trans and cis men. Moving beyond a focus on LGBT identities, contributors consider limits to reproductive freedom, the Christianization of social justice movements, and the politicization of care within and across Black and feminist studies. Accessible and forward-looking, Enticements consolidates and emboldens queer legal studies as a critical, necessary field for the historical present. With noted contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew Waites.




Queer Theory


Book Description

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.




Towards Corporeal Cosmopolitanism


Book Description

An articulation of any kind of global understanding of belonging, or ways of cosmopolitan life, requires a constant engagement with vulnerability, especially in a world that is so deeply wounded by subjugation, colonialisms and genocides. And yet discussion of the body, affect and corporeal politics from the margins are noticeably absent from contemporary liberal and Kantian models of cosmopolitan thought. This book explores the ways in which existing narratives of cosmopolitanism are often organised around European and American discourses of human rights and universalism, which allow little room for the articulation of an affective, embodied and subaltern politics. It brings contemporary understandings of cosmopolitan solidarities into dialogue with the body, affect and the persistent spectre of colonial difference. Race, ethnicity, sexuality and gender are all extremely important to these articulations of cosmopolitan belongings, and we cannot really speak of communities without speaking of embodiment and emotion. This text envisions new ways of articulating and conceptualising ‘corporeal cosmopolitanism’ which are neither restricted to a purely postcolonial paradigm, nor subjugated by European colonialism and modernity. It challenges the understanding of liberal cosmopolitan solidarities using decolonial, and feminist performances of solidarity as radical compassion, resistance, and love.




Covering


Book Description

A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar. “[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart. Praise for Covering “Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation’s courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle “[A] remarkable debut . . . [Yoshino’s] sense of justice is pragmatic and infectious.”—Time Out New York




Guapa


Book Description

A debut novel that tells the story of Rasa, a young gay man coming of age in the Middle East Set over the course of twenty-four hours, Guapa follows Rasa, a gay man living in an unnamed Arab country, as he tries to carve out a life for himself in the midst of political and social upheaval. Rasa spends his days translating for Western journalists and pining for the nights when he can sneak his lover, Taymour, into his room. One night Rasa's grandmother — the woman who raised him — catches them in bed together. The following day Rasa is consumed by the search for his best friend Maj, a fiery activist and drag queen star of the underground bar, Guapa, who has been arrested by the police. Ashamed to go home and face his grandmother, and reeling from the potential loss of the three most important people in his life, Rasa roams the city’s slums and prisons, the lavish weddings of the country’s elite, and the bars where outcasts and intellectuals drink to a long-lost revolution. Each new encounter leads him closer to confronting his own identity, as he revisits his childhood and probes the secrets that haunt his family. As Rasa confronts the simultaneous collapse of political hope and his closest personal relationships, he is forced to discover the roots of his alienation and try to re-emerge into a society that may never accept him.




The Right Kind of Suffering


Book Description

This book is about the asylum experiences of a group of Arab immigrants who used their gender or sexuality to navigate a brutally dysfunctional bureaucracy, a struggle that produces new trauma, stereotypical stories as well as important relief.




Fanfiction as Queer Healing


Book Description

Exploring the phenomenon of Femslash fanfiction (fan narratives that bring together heterosexual female characters from mainstream media and fiction), this book analyses fan-authored works as forms of literature worthy of studying at length. It examines the anti-racist, feminist, sapphic fan works produced in response to white supremacist, heteronormative, queerbaiting mainstream fantasy and argues that they represent a significant site of queer healing for marginalised audience members. Focusing on the 'Swan Queen' fandom, where fans pair the 'white trash' heroine, Emma Swan and the villainous Latina Evil Queen (Regina Mills) from ABC's hit show Once Upon a Time, Alice Kelly redresses the widespread academic neglect of queer female fandoms and responds to urgent calls to diversify fan and fantasy scholarship. With reference to complex theoretical subjects such as ethnography, sociology, psychology and decolonial, queer, film and media studies, the book also delves into the alternative timescales on which queer female and genderqueer fan authorship runs; offers intriguing insights into fanfiction narrative structures; and tackles the issues of broader fandom representation and contextualization. Making the case that fan texts deserve attention in the academy, Kelly shows how some of the most prolific fan works have the ability to enact colour reparation and a reclamation of memory, fantasy, romance, maternity, childhood, parenting and magic. These fictions serve fan communities as a whole through intersectional challenges to the power dynamics of the source text and within the fandom itself and, as the book demonstrates, offer attendant validation to fantasy fans who have been repeatedly told that the genre is not for them.