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This work aims to move beyond liberal law reform to interrogate the transgender/law relation in a sustained and critical manner. Its concern is to map contemporary legal regulation of transgender bodies within a common law tradition. The specific focus is upon ideas of transgender that define the terms of this regime.
In this fascinating work, theoretical discussions of sex, sexuality, gender and law, and an extensive range of primary and secondary research materials, are combined to provide an insightful analysis into the inadequacies of current law.
Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder
Author : Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder Publisher : Author House Page : 326 pages File Size : 44,7 Mb Release : 2012-04-19 Category : Law ISBN : 9781468554533
Transgender Family Law by Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder Pdf
Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.
Human Rights, Sexual Orientation, and Gender Identity by Anne Hellum Pdf
How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Legal Categorization of 'Transgender' by Kimberly Tao Pdf
This Element analyzes the foundational frame of legal reasoning when courts interpret the 'plain language' and 'ordinary meaning' of terms such as 'sex', 'man' and 'woman'. It analyses nine decisions related to transgender people in United States, United Kingdom, and Hong Kong.
Recognizing Transsexuals draws on interviews with transsexuals at various stages of transition to offer an original account of transsexual embodiment and bodily aesthetics. Exploring the reasons for which transpeople desire to modify their bodies, it moves away from the focus on gender that characterizes much work on transpeople's embodiment, to investigate the concept of bodily aesthetics. Recent legislation allowing transsexuals to apply for gender recognition provides the context in which transpeople challenge the conventional understandings of what it means to be men and women. The book examines key approaches to recognizing transsexualism from within a variety of fields and considers transsexuals' bodies, body projects and embodiment in relation to personal, political and medico-legal fields. It explores the ways in which transpeople's bodily aesthetics affect social relations - such as sexual relations, acceptance by others and their families - whilst also considering contemporary political trans community organizations and their public representation of trans-bodies. Recognizing Transsexuals is the first sociological examination of how the bodies of transpeople are figured and reconfigured in socio, politico and medico-legal contexts and considers the impact of these shifts, and will be of interest to those with interests in embodiment, the sociology of law, sexology, medical sociology and gender theory.
Rethinking Transgender Identities by Petra L. Doan,Lynda Johnston Pdf
This volume explores the diversity and complexity of transgender people’s experiences and demonstrates that gendered bodies are constructed through different social, cultural and economic networks and through different spaces and places. Rethinking Transgender Identities brings together original research in the form of interviews, participatory methods, surveys, cultural texts and insightful commentary. The contributing scholars and activists are located in Aotearoa New Zealand, Brazil, Canada, Catalan, China, Japan, Scotland, Spain, and the United States. The collection explores the relationship between transgender identities and politics, lived realities, strategies, mobilizations, age, ethnicity, activisms and communities across different spatial scales and times. Taken together, the chapters extend current research and provide an uthoritative state-of-the-art review of current research, which will appeal to cholars and graduate students working within the fields of sociology, gender studies, sexuality and queer studies, family studies, media and cultural studies, psychology, health, law, criminology, politics and human geography.
Gender, Sexuality, and the Law by Debra L. DeLaet,Renée Ann Cramer Pdf
This volume examines the role of law as a tool for advancing women’s rights and gender equity in local, national, and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity. Collectively, the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.
Author : Kyla Bender-Baird Publisher : State University of New York Press Page : 195 pages File Size : 46,5 Mb Release : 2011-08-01 Category : Social Science ISBN : 9781438436760
Transgender Employment Experiences by Kyla Bender-Baird Pdf
The complex and changing state of policy protections for transgender communities practically requires trans people to become legal experts just to navigate their everyday lives. It also simultaneously offers a window of opportunity for legal advocates to shape new laws and policies based on the lived experiences of trans people. Using personal interviews, legal case histories, and transgender theory, Transgender Employment Experiences combines policy analysis with the lived experiences of twenty transgender-identified employees, showing how worker protections that should exist under the Civil Rights Act are instead systematically undermined in the case of many transgender employees. Rather than focusing solely on negative experiences, however, Kyla Bender-Baird also highlights the positive experiences her respondents had coming out at work, illustrating examples of best practices in response to transitioning. Bender-Baird covers many forms of discrimination that transgender workers face, such as harassment, gender-based dress codes, income-related inequities, bathroom policies, and background checks. Drawing from this analysis, she argues for protections for gender expression in policy decisions, legislative efforts, and for a multipronged approach to workplace discrimination. With its effective balance of personal stories and legal guidance, this book is a much-needed resource for those in the field of gender and employment, from policy analysts to human resource managers to queer studies scholars.
Trans Individuals Lived Experiences of Harm by Katie McBride Pdf
This book explores how neoliberal consumer capitalist ideals of meritocracy, competitive individualism, and responsibilisation have shaped trans people’s subjectivity and lived experiences of harm. The book critiques the adequacy of legal constructs of hate crime to acknowledge the social harms experienced. The deep ethnographic data illuminates a variety of social harms that result from the failure of social structures and systems to acknowledge gender identities beyond the binary. The book offers a historically grounded theorisation of anti-trans sentiment to produce a persuasive argument for understanding the harms of hate as recognitive harms. In this sense, the book opens up a path to theorizing the empirically documented emotional and psychological harms of both transphobia and transnormative ideals, as rooted in a binary gender order that has been invigorated by the hyper individualism and competitiveness of capitalist neoliberalism.
Self-Declaration in the Legal Recognition of Gender by Chris Dietz Pdf
Self-Declaration in the Legal Recognition of Gender examines the impact of legislation premised upon the principle of ‘self-declaration’ of legal gender status. Existing doctrinal and comparative analyses have tended to come out strongly in favour of, or against, self-declaration. This book offers a socio-legal alternative which focuses on how self-declaration is experienced, on an embodied level, by trans and gender diverse people. It presents research conducted in Denmark, which became the first European state to adopt self-declaration in June 2014. By analysing Danish law through a Foucauldian framework which brings together socio-, feminist, and trans legal scholarship on embodiment and jurisdiction, the book offers the first empirically based and theoretically informed analysis of self-declaration. It draws upon legal consciousness, affect theory, vulnerability, and governmentality literatures to argue that the jurisdictional boundaries which existed between law and medicine were maintained throughout the reform process. This limited the impact of the legislation, enabling access to health care to be restricted in the same year in which amending legal gender status was liberalised. As the list of states that have adopted self-declaration increases, this intervention offers activists and policymakers insights which might shape how they respond to similar reform proposals in the future. A timely and important assessment, this book will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
Gender and Sexuality in Latin America - Cases and Decisions by Cristina Motta,Macarena Saez Pdf
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law. Some decisions are protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America.
Gender in Philosophy and Law by Laura Palazzani Pdf
This book is an introductory systematic framework in the complex and interdisciplinary sex/gender debate, focusing on philosophy of law.The volume analyses the different theories that have dealt with the gender category, highlighting the conceptual premises and the arguments of the most influential theories in the debate, which have had repercussions on the field of the ethical and juridical debate (with reference to intersexuality, transsexualism, transgender, homosexuality). The aim is to offer a sort of conceptual orientation in the complexity of the debate, in an effort to identify the various aspects and development processes of the theories, so as to highlight the conceptual elements of the theorisations to grasp the problem areas within them. It is therefore an overall synthetic and also explicative analysis, but not only explicative: the aim is to outline the arguments supporting the different theories and the counter-arguments too, for the purpose of proposing categories to weigh up the elements and to take one’s own critical stance, with a methodological style that is neither descriptive nor prescriptive, but critical.
Feminist and Queer Legal Theory by Mr Adam P Romero,Mr Jack E Jackson,Professor Martha Albertson Fineman Pdf
This groundbreaking collection brings together leading contemporary legal theory scholars creating an interdisciplinary dialogue which explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. The richness and vitality of feminist and queer theories, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
The Transgender Studies Reader by Susan Stryker,Stephen Whittle Pdf
Transgender studies is the latest area of academic inquiry to grow out of the exciting nexus of queer theory, feminist studies, and the history of sexuality. Because transpeople challenge our most fundamental assumptions about the relationship between bodies, desire, and identity, the field is both fascinating and contentious. The Transgender Studies Reader puts between two covers fifty influential texts with new introductions by the editors that, taken together, document the evolution of transgender studies in the English-speaking world. By bringing together the voices and experience of transgender individuals, doctors, psychologists and academically-based theorists, this volume will be a foundational text for the transgender community, transgender studies, and related queer theory.
