Law Politics And The Gender Binary

The distinction between male and female, or masculinity and femininity, has long been considered to be foundational to society and the organization of its institutions. In the last decades, the massive literature on gender has challenged this discursive construction. Gender has been disassembled and reassembled, variously considered as social practice, performance, ideology. Yet the binary relationship ‘man/woman’ continues to be a characteristic trait of Western societies. This book gathers together contributions by experts in various fields – including law, sociology, philosophy and anthropology – to pin down the relationship between institutions and the gender binary. Centrally, it examines the way in which the present-day gender binary is shored up by the conceptualization and regulation of sex and gender at societal and institutional levels. Based on this examination, it tackles the issue of what the practices and processes of subjectivation are that preserve this binary distinction as the foundation of gender. Each of the chapters discusses this pressing question with a view to considering whether current equality policies challenge hierarchical and hegemonic understandings of gender or are the residue of a sexist understanding of gender. This analysis then paves the way for a more general and crucial question: whether institutions can, or should, contribute to the process of deconstructing the gender binary.

Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only to critical legal scholars but also all those belonging to mainstream legal and political thought.

Winner of the 2021 In The Margins Award "When reading this book, all I feel is kindness."-- Sam Smith, Grammy and Oscar award-winning singer and songwriter "Thank God we have Alok. And I'm learning a thing or two myself."--Billy Porter, Emmy award-winning actor, singer, and Broadway theater performer "Beyond the Gender Binary will give readers everywhere the feeling that anything is possible within themselves"--Princess Nokia, musician and co-founder of the Smart Girl Club "A fierce, penetrating, and empowering call for change."-- Kirkus Reviews, starred review "An affirming, thoughtful read for all ages." -- School Library Journal, starred review In Beyond the Gender Binary, poet, artist, and LGBTQIA+ rights advocate Alok Vaid-Menon deconstructs, demystifies, and reimagines the gender binary. Pocket Change Collective is a series of small books with big ideas from today's leading activists and artists. In this installment, Beyond the Gender Binary, Alok Vaid-Menon challenges the world to see gender not in black and white, but in full color. Taking from their own experiences as a gender-nonconforming artist, they show us that gender is a malleable and creative form of expression. The only limit is your imagination.

Since its initial publication in 1990, this book has become a key work of contemporary feminist theory, and an essential work for anyone interested in the study of gender, queer theory, or the politics of sexuality in culture. This is the text where the author began to advance the ideas that would go on to take life as "performativity theory," as well as some of the first articulations of the possibility for subversive gender practices. Overall, this book offers a powerful critique of heteronormativity and of the function of gender in the modern world.

This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

'The book we all need for this moment in time.' CN LESTER 'An absolute must read' FOX FISHER 'A genius book' LIBRARY JOURNAL REVIEW Much of society's thinking operates in a highly rigid and binary manner; something is good or bad, right or wrong, a success or a failure, and so on. Challenging this limited way of thinking, this ground-breaking book looks at how non-binary methods of thought can be applied to all aspects of life, and offer new and greater ways of understanding ourselves and how we relate to others. Using bisexual and non-binary gender experiences as a starting point, this book addresses the key issues with binary thinking regarding our relationships, bodies, emotions, wellbeing and our sense of identity and sets out a range of practices which may help us to think in more non-binary, both/and, or uncertain ways. A truly original and insightful piece, this guide encourages reflection on how we view and understand the world we live in and how we all bend, blur or break society's binary codes.