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Acknowledgements=xv

Chronological table of reprinted articles and chapters=xvii

General introduction=1

PART 1. Changing perspectives on (homo)sexuality and law=19

1. Sexual inversion in relation to society and the law / HENRY HAVELOCK-ELLIS=21

2. Homosexuality and the law / ALFRED W. HERZOG=28

3. The deployment of sexuality : objective / MICHEL FOUCAULT=32

4. Litigating for lesbian and gay rights : a legal history / PATRICIA A. CAIN=39

5. Beyond the rights debate / DIDI HERMAN=117

6. Lesbian jurisprudence? / RUTHANN ROBSON=141

7. Recognising new kinds of direct sex discrimination : transsexualism, sexual orientation and dress codes / ROBERT WINTEMUTE=165

8. Lawrence v. Texas and the new law of gay rights / ARTHUR S. LEONARD=196

9. Liberty, equality and sexuality : essentialism and the discourse of rights / MOMIN RAHMAN ; STEVI JACKSON=217

10. Towards a queer legal theory / CARL F. STYCHIN=233

11. Sexuality, queer theory, and 'feminism after' : reading and rereading the sexual subject / BRENDA COSSMAN=252

12. From redistribution to recognition? Dilemmas of justice in a 'postsocialist' age / NANCY FRASER=281

13. Merely cultural / JUDITH BUTLER=307

14. Family, law and sexuality : feminist engagements / SUSAN B. BOYD=320

15. Citizenship and same sex relationships / CATHERINE DONOVAN ; BRIAN HEAPHY ; JEFFREY WEEKS=342

16. Equality, Inc. / LISA DUGGAN=363

vol.2

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Acknowledgements=ix

PART 2. Trans=1

17. Transgender jurisprudence and the spectre of homosexuality / ANDREW SHARPE=3

18. Appending transgender equal rights to gay, lesbian and bisexual equal rights / LIBBY ADLER=20

19. Trans law reform strategies, co-optation, and the potential for transformative change / DEAN SPADE=38

20. Unknowable bodies, unthinkable sexualities : lesbian and transgender legal invisibility in the Toronto women's bathhouse raid / SARAH LAMBLE=64

21. Governing permanence : trans subjects, time, and the Gender Recognition Act / EMILY GRABHAM=84

PART 3. Religion and race=105

22. (Il)legitimate minorities : the American Christian Right's anti-gay-rights discourse / DIDI HERMAN=107

23. Closet cases : 'conscientious objection' to lesbian and gay legal equality / CARL F. STYCHIN=125

24. Up against the property logic of equality law : conservative Christian accommodation claims and gay rights / DAVINA COOPER ; DIDI HERMAN=148

25. Exploring the contours of African sexualities : religion, law and power / SYLVIA TAMALE=170

26. Queer as intersectionality : theorizing gay Muslim identities / MOMIN RAHMAN=197

27. It's all in the family : intersections of gender, race, and nation / PATRICIA HILL COLLINS=215

28. Colorblind intersectionality / DEVON W. CARBADO=235

29. Safe spaces for dykes in danger? Refugee law's production of vulnerable lesbians / SARAH KEENAN=266

30. On silence, sexuality and skeletons : reconceptualizing narrative in asylum hearings / TONI A. M. JOHNSON=284

PART 4. Ageing=309

31. LGBT elder law : toward equity in aging / NANCY J. KNAUER=311

32. Sexuality and succession law : beyond formal equality / DANIEL MONK=370

vol.3

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Acknowledgements=ix

PART 5. Same-sex marriage and relationship recognition=1

33. Is kinship always already heterosexual? / JUDITH BUTLER=3

34. Marriage, law, and gender : a feminist inquiry / NAN D. HUNTER=28

35. We will get what we ask for : why legalizing gay and lesbian marriage will not 'dismantle the legal structure of gender in every marriage' / NANCY D. POLIKOFF=51

36. Since when is marriage a path to liberation? / PAULA L. ETTELBRICK=64

37. Same-sex marriage revived : feminist critique and legal strategy / ROSEMARY AUCHMUTY=69

38. 'Dogs are "registered", people shouldn't be' : legal consciousness and lesbian and gay rights / ROSIE HARDING=95

39. Small change : how the road to same-sex marriage got paved in the Netherlands / KEES WAALDIJK=119

40. Perceptions of equality : the road to same-sex marriage in England and Wales / JOHN EEKELAAR=150

41. Possibilities foreclosed : the Civil Union Act and lesbian and gay identity in Southern Africa / ELSJE BONTHUYS=177

42. Marriage, heteronormativity, and the European Court of Human Rights : a reappraisal / PAUL JOHNSON=190

43. Losing the feminist voice? Debates on the legal recognition of same sex partnerships in Canada / CLAIRE YOUNG ; SUSAN BOYD=214

44. Strange bedfellows : how an anticipatory countermovement brought same-sex marriage into the public arena / MICHAEL C. DORF ; SIDNEY TARROW=238

45. Cultures of intimacy and care beyond 'the family' : personal life and social change in the early 21st century / SASHA ROSENEIL ; SHELLEY BUDGEON=266

46. Non-monogamy, heteronormativity and the marriage debate in the bisexual movement / CHRISTIAN KLESSE=290

47. Make love, not law : perceptions of the marriage equality struggle among polyamorous activists / HADAR AVIRAM=306

48. Penguins and polyamory : using law and film to explore the essence of marriage in Canadian family law / GILLIAN CALDER=327

49. Transgender marriage and the legal obligation to disclose gender history / ALEX SHARPE=361

50. Of outlaws and in-laws : the 'ambivalent gift' of legal legitimation / NICOLA BARKER=383

vol.4

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Acknowledgements=vii

PART 6. Families and parenting=1

51. A parent(ly) knot : can Heather have two mommies? / SHELLEY A. M. GAVIGAN=3

52. Out in this world : the social and legal context of gay and lesbian families / KATHERINE ARNUP=17

53. The voice of the petitioner : the experiences of gay and lesbian parents in successful second-parent adoption proceedings / CATHERINE CONNOLLY=37

54. Nuclear norms or fluid families? Incorporating lesbian and gay parents and their children into Canadian family law / FIONA KELLY=57

55. The Human Fertilisation and Embryology Act (2008) and the tenacity of the sexual family form / JULIE MCCANDLESS ; SALLY SHELDON=85

56. Tangling the web of legal parenthood : legal responses to the use of known donors in lesbian parenting arrangements / LEANNE SMITH=122

57. Two mothers in law and fact / ROBERT LECKEY=153

PART 7. Criminality and sexuality=175

58. Responses to criminal prosecutions for HIV transmission among gay men with HIV in England and Wales / CATHERINE DODDS ; ADAM BOURNE ; MATTHEW WEAIT=177

59. To buy or not to buy? Vulnerability and the criminalisation of commercial BDSM / SHARON COWAN=193

60. Banning 'homosexual propaganda' : belonging and visibility in contemporary Russian media / EMIL PERSSON=212

61. Queering critiques of neoliberalism in India : urbanism and inequality in the era of transnational 'LGBTQ' rights / SVATI P. SHAH=233

PART 8. International human rights=253

62. Bracketing sexuality : human rights and sexual orientation―a decade of development and denial at the UN / IGNACIO SAIZ=255

63. Blackmail in Zimbabwe : troubling narratives of sexuality and human rights / OLIVER PHILLIPS=279

64. The problem with freedom : homosexuality and human rights in Uganda / LYDIA BOYD=303

65. Between pleasure and danger : lesbian human rights / DIANNE OTTO=327

Index=344

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출판사 책소개

알라딘제공

Law and Sexuality has rapidly developed as a distinct area of critical and socio-legal scholarship over the last two decades. In that time, it has blossomed from a small community into a global field of enquiry, with contributions at the cutting edge of academic legal research around the world. A key reason for its vigorous growth has been the rapid pace of legal change in recent years, with many Western societies providing or enhancing legal recognition of lesbian, gay, bisexual, and transgender (‘LGBT’) individuals, relationships, and lives. Indeed, many jurisdictions have recently passed progressive anti-discrimination legislation enacting formal equality for LGBT individuals in education, the workplace, or in access to goods and services. And more and more states are developing recognition frameworks for same-sex relationships and LGBT families. In other jurisdictions, however, there has been a parallel rise in anti-gay measures, including constitutional amendments banning gay marriage in several US states and the high-profile ‘Kill the Gays’ Bill in Uganda. This evolving legal cartography poses many interesting questions and dilemmas for scholars of law and sexuality, offering rich resources for insightful work.

Conceptually, law-and-sexuality research is typified by a dynamic, evolving, and sophisticated conceptual and theoretical base, and this new four-volume collection from Routledge provides an essential work of reference for experts and neophytes alike. Law and Sexuality is prefaced by an introduction, newly written by the editor, which places the gathered materials in context. Each volume also includes a shorter introduction mapping developing themes and trajectories. The collection is sure to be welcomed as a crucial one-stop resource for reference and research.



Law and Sexuality has rapidly developed as a distinct area of critical and socio-legal scholarship over the last two decades. In that time, it has blossomed from a small community into a global field of enquiry, with contributions at the cutting edge of academic legal research around the world. A key reason for its vigorous growth has been the rapid pace of legal change in recent years, with many Western societies providing or enhancing legal recognition of lesbian, gay, bisexual, and transgender (‘LGBT’) individuals, relationships, and lives.

Conceptually, law-and-sexuality research is typified by a dynamic, evolving, and sophisticated conceptual and theoretical base, and this new four-volume collection from Routledge provides an essential work of reference for experts and neophytes alike. Law and Sexuality is prefaced by an introduction, newly written by the editor, which places the gathered materials in context. Each volume also includes a shorter introduction mapping developing themes and trajectories. The collection is sure to be welcomed as a crucial one-stop resource for reference and research.

 



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