scholarly journals Queer Jurisprudence: Reparative Practice in International Law

AJIL Unbound ◽  
2022 ◽  
Vol 116 ◽  
pp. 10-15
Author(s):  
Odette Mazel

Queer theory's commitments are radical and disruptive. They have operated to interrogate the definition and reinforcement of sexuality and gender categories, and to expose and problematize normalized relations of power and privilege in the institutional structures and systems in which we live and operate. Queer's deconstructive and anti-normative (or non-conformist) tendencies, however, can be antithetical to international LGBTQIA+ law reform projects. In much of queer scholarship, human rights activism is framed as reinforcing heteronormative structures of knowledge and power and promoting fixed ideas of monogamy, social reproductivity, and gender identity. In this essay, I work with the tension between queer theory and the law to frame the continued pursuit of human rights by LGBTQIA+ people as queer jurisprudence. I do so by drawing on the methodological tools provided by Eve Sedgwick's technique of reparative reading and Michel Foucault's ethics of care of the self to focus on the lived experience of LGBTQIA+ people. What emerges through the stories of LGBTQIA+ commitments to human rights and legal activism are not themes of naivety, compliance, or assimilation, as often charged, but ongoing efforts toward disruption, creativity, and hope.

2017 ◽  
pp. 141-166
Author(s):  
Brooke M. Beloso

During the late nineties, leading voices of the sex worker rights movement began to publicly question queer theory’s virtual silence on the subject of prostitution and sex work. However, this attempt by sex workers to “come out of the closet” into the larger queer theoretical community has thus far failed to bring much attention to sex work as an explicitly queer issue. Refusing the obvious conclusion—that queer theory’s silence on sex work somehow proves its insignificance to this field of inquiry—I trace in Foucault’s oeuvre signs of an alternate (albeit differently) queer genealogy of prostitution and sex work. Both challenging and responding to long-standing debates about prostitution within feminist theory, I offer a new queer genealogy of sex work that aims to move beyond the rigid oppositions that continue to divide theorists of sexuality and gender. Focusing specifically on History of Madness (1961), Discipline and Punish (1975), and History of Sexuality Volume I (1976), I make the case for an alternate genealogy of sex work that takes seriously both the historical construction of prostitution and the lived experience of contemporary sex workers.


2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Hilde Kjerland ◽  
Candice Bain ◽  
Maevon Gumble

Queer theory is a post-structuralist critical theory that destabilizes sexuality and gender categories and challenges the concept of normal, fixed, and binary identities. This approach to understanding identities has evolved into a verb, “queering,” to encapsulate an action or method of challenging a range of systems of oppression. Literature on the application of queer theory to the field of music therapy is developing, particularly the expansion of queer theory to identities beyond sexuality and gender in the clinical space. For example, how does queer theory apply to music therapy with clients of multiple, intersecting marginalized identities, such as those who are disabled, ethnic minorities, etc. How do we move beyond fixed categories, attend to intersectionality, and resist the pathologization of those we work with? Ultimately, queer theory offers opportunities to push us in new directions for how we understand therapists, therapy participants, the therapeutic relationship, and radically inclusive practice.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


2010 ◽  
Vol 28 (1) ◽  
pp. 209 ◽  
Author(s):  
Elaine Craig

The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being uncritically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests of women and sexual minorities. A recent decision from the Ontario Court of Justice addressing a three-parent family law dispute involving gay and lesbian litigants demonstrates why recognition of the convergences between feminist and queer legal theories can advance both queer and feminist justice projects. The objective of this article is to demonstrate, through different and converging interpretations of this case that draw on some of the theoretical insights offered in a new anthology called Feminist and Queer Legal Theory, one rather straight-forward claim. The claim advanced here is that activists, advocates, litigants and judges are all well served by approaching complex legal problems involving sex, sexuality and gender with as many “methods” for pursuing and achieving justice as possible.La notion que la théorie homosexuelle et le féminisme sont inévitablement en conflit l’un avec l’autre a été bien développée à la fois par les théoriciens et théoriciennes homosexuels et féministes. Les théoriciens et théoriciennes homosexuels ont critiqué les théories féministes les qualifiant d’être anti-sexe, trop moralistes, essentialistes et étatistes. Les théoriciens et théoriciennes féministes ont rejeté la théorie homosexuelle la qualifiant d’être pro-sexe sans esprit critique et dangereusement protectrice du domaine privé. Malheureusement, ces descriptions réductionnistes de ce qui constitue une pléthore d’approches théoriques aux questions de sexe, de genre et de sexualité qui sont diverses, éclectiques et qui se chevauchent manquent fréquemment de tenir compte de circonstances où ces approches méthodologiques convergent sur des projets légaux visant à faire avancer les intérêts juridiques complexes des femmes et des minorités sexuelles. Une décision récente de la Cour de justice de l’Ontario portant sur un litige en droit de la famille entre trois parents et impliquant des parties homosexuelles et lesbiennes démontre pourquoi la reconnaissance des convergences entre les théories juridiques féministes et homosexuelles peut faire avancer à la fois les projets légaux homosexuels et féministes. Le but de cet article n’est pas de suggérer qu’une seule «théorie juridique féministe homosexuelle» convergente soit possible, ou même désirable. Plutôt, le but est de démontrer, par le biais d’interprétations différentes et convergentes de ce cas qui s’inspirent de certaines intuitions théoriques présentées dans une nouvelle anthologie intitulée Feminist and Queer Legal Theory, une proposition assez simple. La proposition avancée ici est que les activistes, les avocats, les parties à un litige et les juges sont tous bien servis en abordant des problèmes légaux complexes au sujet de sexe, de sexualité et de genre avec autant de «méthodes» que possible pour considérer la justice dans tous ses détails.


2020 ◽  
Vol 21 (4) ◽  
pp. 544-566 ◽  
Author(s):  
J. Michael Denton

Retention literature and concepts warrant examination through the lens of queer theory, a poststructural body of thought about sexuality and gender, to understand their implications for queer students. Five themes found in the retention literature are addressed from a queer perspective: framing retention as an economic and labor problem; campus climate; the focus on programs, policies, and services; psychological traits; and positivistic approaches. Queering retention involves deconstructing retention binaries; problematizing the production of normative subjects through retention theory; focusing on institutional transformation; and examining retention as heteronormative domination. Queer failure and futurity are offered as possible new frames for retention. This essay seeks to raise questions, tensions, and complexities with no clear or simple solutions. Tentative and limited implications for practice and research are offered; however, they raise more questions than provide answers.


2021 ◽  
Author(s):  
◽  
Helen Marsh

In this thesis I draw on deconstruction theory and queer theory to analyze the current representation of sex, gender, and sexuality in Canadian television. Through this research I found that although Canadian television is portraying an increasing number of queer genders and sexualities, misinformation and stereotypes continue to perpetuate a one-dimensional characterization of people. This research pertains directly to my creative thesis: a pilot episode of a TV series which fraternal twins, Jed and Theodora, grow up with the ability to switch into one another's body. I dive directly into the correlation between sex and gender and the lived experience of being in a body that does not necessarily represent gender. The will both create a new gendered "construction" as well as question the need for gender identifications.


Author(s):  
Jennifer C. Ingrey

A survey of key contributors and theoretical tensions in the applications of queer studies in education is purposefully partial namely because of the impartiality embedded in the nature of ‘queer’, a verb whose action unsettles, dismantles and interrogates systems of normalization, beginning with heteronormativity and heterosexism. Queer theory emerged in the 1990s before influencing education, including both elementary and secondary schooling; however, queer is complex in that it involves the signifier or signified term: it is both the integration of queer content in curriculum as well as the practice of queering educational practices (i.e., curriculum, pedagogy and practice). The queering of pedagogy involves the queering of the educational subject, both teachers and students. In such a survey of queer in education, the ontological groundings for queer are important to consider given the paradoxical nature of queer to unpack and unsettle whilst maintaining its hold on an identity category in order to do its unsettling work. Indeed, the consequent recognition of the subjecthood of queer in educational contexts is a significant note in this attention to queer’s application in education. Queer also moves beyond not only an inclusion of queer content, but also exceeds queer sexualities to cohere and contrast with trans-infused approaches. Queer theory considers that the future of queer may well exceed beyond sexuality and gender altogether to become a practice of unsettling or critique more generally. Its continuity in education studies as well as its potentially impending expiration are concerns of scholars in the field.


Author(s):  
Anthony J. Langlois

This chapter commences by examining the status LGBT rights have achieved within the United Nations (UN) human rights system and reviews some key aspects of their trajectory. It considers how best to interpret the varying roles LGBT rights can play in the international system, given their new status, with a critical reading of Hillary Clinton’s famous and much lauded “gay rights are human rights” speech to the UN General Assembly in 2011. It then moves on to what LGBT rights as human rights might mean in those parts of the world where this status receives little if any formal institutional recognition, using the case of the Southeast Asian region, where a new human rights regime has been established but where non-normative sexuality and gender have been willfully excluded from its remit. The chapter considers what the politics of human rights mean for sexuality and gender-diverse people in this region with reference to two senses in which human rights claims are political: (1) activists and advocates push against the status quo to have sexuality and gender issues included in the human rights discussion and (2) resistance to this inclusion is often played out by a politicization of sexuality and gender that obscures other pressing issues. This chapter demonstrates both the profound and important advances that have been made for LGBT individuals and communities and the ways in which these successes generate political dynamics of their own, which must be carefully navigated in order to sustain the emancipatory potential of the movement.


2021 ◽  
Vol 27 (4) ◽  
pp. 525-550
Author(s):  
Donovan O. Schaefer

Abstract Is there a queer Darwin? It is often assumed that Darwinian biology is an ally of conservative approaches to sexuality and gender. The Christian legal framework known as natural law philosophy, for instance, reads Darwin as a champion of heterosexual coupling, proving the biological imperative of straight sex. Some feminist readings of Darwin (such as that of Elizabeth Grosz) find in Darwin a confirmation of the necessity of sexual difference organized around masculinity and femininity—an approach Myra Hird has called the “ontology of heterosexuality.” But these interpretations are incorrect. Schaefer argues that far from being an advocate for the ontology of heterosexuality, Darwin provides tools to demolish it. Turning to his research on barnacles and orchids and his speculation on the sources of organic variation, this essay highlights the irreducible importance of diversity and change for Darwin's framework. The ongoing ferment of variation that is the guideline of all life on earth extends not only to the morphology of sex organs but to desire itself. Darwin shows that the ontology of heterosexuality is an arbitrary snapshot, a single moment in the fluid trajectory of life, rather than a law that can be arbitrarily cast over the whole arc. In this, Darwin supports Eve Kosofsky Sedgwick's first axiom for queer theory: “People are different from each other.” The essay concludes by connecting a Darwinian approach to sex with José Esteban Muñoz's call for a queer ecstasy that anticipates the futurity of desire.


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