作者
Anna Kirkland
发表日期
2003/12
期刊
Law & Social Inquiry
卷号
28
期号
1
页码范围
1-37
出版商
Cambridge University Press
简介
Transsexual and transgendered people, despite their exclusion from most civil rights laws, nonetheless occasionally prevail as plaintiffs in litigation. What should feminist legal theorists make of these victories? The theory one uses to win has implications for future conceptions of gender and sexuality in the law as well as for understanding contemporary conflicts and alliances among sex and gender theorists, lawyers, and activists. Conflicting theories of how to ground law's liberation claims abound, however. Evidence suggests that transsexuals secure legal victories only through a disheartening process of medicalization, normalization, and demonstration of traditional sex and gender role adherence. Recent cases, however, reveal some interesting destabilizations in law's account of the transsexual, and they provide critical legal scholars with a new perspective on rights-claiming as a liberation strategy. Attention to …
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