Comparative Discrimination Law: Historical and Theoretical Frameworks

2017 ◽  
Vol 1 (1) ◽  
pp. 1-136
Author(s):  
Laura Carlson
Keyword(s):  
Critical Race Theory ◽  
Queer Theory ◽  
Legal Theory ◽  
The United States ◽  
Access To Justice ◽  
Theoretical Frameworks ◽  
Post Colonial ◽  
Research Perspectives ◽  
Colonial Theory ◽  
Historical Developments

AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.

Masculinities Theory as Impetus for Change in Feminism and Law

2021 ◽  
Author(s):  
Ann C. McGinley
Keyword(s):  
United States ◽  
Critical Race Theory ◽  
Feminist Theory ◽  
Queer Theory ◽  
Lived Experiences ◽  
Legal Theory ◽  
The United States ◽  
Race Theory ◽  
Feminist Analysis ◽  
Group A

“Masculinities studies” refers to a body of theory and scholarship by gender experts in various fields of social science that has enriched the feminist analysis of law. In drawing on and incorporating masculinities theories into their work, feminist legal scholars have defined “masculinities” as a structure that gives men as a group power over women as a group, a set of “masculine” practices designed to maintain group power, and the engagement in or “doing” of these masculine practices. Although masculinities studies originated in fields outside law, legal scholars have adopted insights raised by masculinities scholars, combined with those of feminist theory, queer theory, and critical race theory, to develop a legal theory of masculinities that proposes new legal interpretations and policies that better correspond to the lived experiences of persons of different genders, races, and classes. This chapter explores how masculinities research has influenced legal feminism in the United States.

scholarly journals Latina and Latino Critical Legal Theory: LatCrit Theory, Praxis and Community.

2021 ◽  
Vol 12 (2) ◽  
pp. 1316-1341
Author(s):  
Marc Tizoc Gonzalez ◽  
Saru Matambanadzo ◽  
Sheila I. Vélez Martínez
Keyword(s):  
Critical Race Theory ◽  
Queer Theory ◽  
Cultural Change ◽  
Asian American ◽  
Legal Theory ◽  
Critical Race ◽  
Critical Race Feminism ◽  
Legal Studies ◽  
Critical Legal Theory ◽  
Latcrit Theory

Abstract LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

Race, Gender, Sexuality, and Religion in North America

2017 ◽  
Author(s):  
Anthony Petro
Keyword(s):  
United States ◽  
Native Americans ◽  
Critical Race Theory ◽  
North America ◽  
Civil Rights ◽  
Queer Theory ◽  
Religious Practice ◽  
The United States ◽  
Gender And Sexuality ◽  
Sexuality And Religion

The history of religion in the United States cannot be understood without attending to histories of race, gender, and sexuality. Since the 1960s, social and political movements for civil rights have ignited interest in the politics of identity, especially those tied to movements for racial justice, women’s rights, and LGBT rights. These movements have in turn informed scholarly practice, not least by prompting the formation of new academic fields, such as Women’s Studies and African American studies, and new forms of analysis, such as intersectionality, critical race theory, and feminist and queer theory. These movements have transformed how scholars of religion in colonial North America and the United States approach intersections of race, gender, and sexuality. From the colonial period to the present, these discourses of difference have shaped religious practice and belief. Religion has likewise shaped how people understand race, gender, and sexuality. The way that most people in the United States think about identity, especially in terms of race, gender, or sexuality, has a longer history forged out of encounters among European Christians, Native Americans, and people of African descent in the colonial world. European Christians brought with them a number of assumptions about the connection between civilization and Christian ideals of gender and sexuality. Many saw their role in the Americas as one of Christianization, a process that included not only religious but also sexual and cultural conversion, as these went hand in hand. Assumptions about religion and sexuality proved central to how European colonists understood the people they encountered as “heathens” or “pagans.” Religion likewise informed how they interpreted the enslavement of Africans, which was often justified through theological readings of the Bible. Native Americans and African Americans also drew upon religion to understand and to resist the violence of European colonialism and enslavement. In the modern United States, languages of religion, race, gender, and sexuality continue to inform one another as they define the boundaries of normative “modernity,” including the role of religion in politics and the relationship between religious versus secular arguments about race, gender, and sexuality.

Queer Temporalities, Queerer Bodies and Jeanette Winterson’s ”The Stone Gods”

2011 ◽  
Author(s):  
Dervla Shannahan
Keyword(s):  
Queer Theory ◽  
Social Role ◽  
Contemporary Fiction ◽  
Jeanette Winterson ◽  
Surveillance Culture ◽  
Post Colonial ◽  
Sexual Identities ◽  
Literary Theories ◽  
The Social ◽  
Colonial Theory

The task of imagining a world where everyone is queer has been taken up by Jeanette Winterson in The Stone Gods. Aside from the texts' value as an absorbing, eloquent piece of contemporary fiction, The Stone Gods can be read in engagement with many current debates; indeed it seemingly draws much of its content from queer and literary theories. The recent anti-social turn in queer theory has recast the meaning of queerness; works such as Edelman's No Future have raised questions about the social role(s) of queerness, of queering as strategy, and of queer futurities. The thorough work of theorists drawing on post-colonial theory has further underlined how homonormativities can overlap and be strengthened by affirming existing lines of inequality, functioning as ''contingent upon the segregation and disqualification of racial and sexual others from the national imaginary'' (Puar 2). This article discusses Jeanette Winterson's contribution to this debate. It argues that The Stone Gods answers the call to imagine a world where everyone is queer (along particular, delineated lines) and thrusts us forwards into a social futurity where there really is no future. Whilst the text responds to multiple other themes and concerns - most notably the ecological disasters lingering in current global destructive practices, the rise of surveillance culture and corporate sponsored biopolitical agendas - the textual toying with sexual identities and ethics are the main foci of this paper. As this issue of InterAlia is devoted to exploring the anti-social thesis or turn within queer studies, I suggest that Winterson's text ultimately answers many of the questions that it poses.

scholarly journals And ya don’t stop: investigating race, space and meaning in Toronto’s queer party ‘Yes Yes Y’all’

2021 ◽  
Author(s):  
Trudie Jane Gilbert
Keyword(s):  
Critical Race Theory ◽  
Queer Theory ◽  
Hip Hop ◽  
Major Research ◽  
Race Theory ◽  
Theoretical Frameworks ◽  
Sexuality And Gender ◽  
Race And Sexuality ◽  
And Gender

This Major Research Paper (MRP) is a case study of the queer hip hop and dancehall party Yes Yes Y’all (YYY). This MRP seeks to challenge white, cismale metanarratives in Toronto’s queer community. This paper employs Critical Race Theory (CRT) and queer theory as theoretical frameworks. Racialization, racism, homophobia, homonormativities and homonational rhetoric within queer discourses are interrogated throughout the analysis. In pursuit of this research, five participants and two key informants were interviewed. Four emergent themes are explored: fluid identities, the intersection of race and sexuality, dancing as expression of sexuality and gender identity, and the transgressive possibilities of YYY.

scholarly journals And ya don’t stop: investigating race, space and meaning in Toronto’s queer party ‘Yes Yes Y’all’

2021 ◽  
Author(s):  
Trudie Jane Gilbert
Keyword(s):  
Critical Race Theory ◽  
Queer Theory ◽  
Hip Hop ◽  
Major Research ◽  
Race Theory ◽  
Theoretical Frameworks ◽  
Sexuality And Gender ◽  
Race And Sexuality ◽  
And Gender

This Major Research Paper (MRP) is a case study of the queer hip hop and dancehall party Yes Yes Y’all (YYY). This MRP seeks to challenge white, cismale metanarratives in Toronto’s queer community. This paper employs Critical Race Theory (CRT) and queer theory as theoretical frameworks. Racialization, racism, homophobia, homonormativities and homonational rhetoric within queer discourses are interrogated throughout the analysis. In pursuit of this research, five participants and two key informants were interviewed. Four emergent themes are explored: fluid identities, the intersection of race and sexuality, dancing as expression of sexuality and gender identity, and the transgressive possibilities of YYY.

scholarly journals Investigating ‘Othering’ in Sandra Cisneros’s The House on Mango Street

2018 ◽  
Vol 7 (2) ◽  
pp. 52
Author(s):  
Matava Vichiensing
Keyword(s):  
United States ◽  
Minority Group ◽  
The United States ◽  
Double Consciousness ◽  
Linguistic Features ◽  
Negative Effects ◽  
Post Colonial ◽  
Academic Fields ◽  
The People ◽  
Colonial Theory

In Sandra Cisneros’s novel The House on Mango Street is about the Latino experience as a minority group in the United States. This article focused on the concept of ‘othering’ originally as part of a post-colonial theory. This concept can be related to feminist and Marxist perspectives as well. It is also involved in many academic fields, including literature. The construction of othering in this novel can be manifested in forms of linguistic features, mimicry, double consciousness, unhomeliness, gender roles, and socioeconomic class. The findings represented the negative effects of the othering practices in which affecting psychological, economical, and sociocultural dimensions of the people in general.

scholarly journals Colonial Exceptionalism: Post-colonial Scholarship and Race in Czech and Slovak Historiography

2020 ◽  
Vol 68 (2) ◽  
pp. 175-187
Author(s):  
Filip Herza
Keyword(s):  
Critical Race Theory ◽  
Critical Analysis ◽  
Recent Literature ◽  
Analytical Tool ◽  
Colonial History ◽  
Race Theory ◽  
Post Colonial ◽  
Colonial Theory ◽  
South Eastern Europe ◽  
Blind Spots

AbstractIn spite of recent calls for the decolonisation of Czech and Slovak academia, there is still relatively little reflection of post-colonial theory in either Czech or Slovak historiography or related disciplines, including ethnology and Slavic studies. In the following essay I summarise the local discussion of coloniality and colonialism that has been going on since at least the end of the 2000s, while pointing out its conceptual limits and blind spots; namely the persistence of ‘colonial exceptionalism’ and the lack of understanding and use of race as an analytical tool. In dialogue with critical race theory as well as recent literature that deals with comparable ‘non-colonial’ or ‘marginal-colonial’ contexts such as South-Eastern Europe, Poland and the Nordic countries, I discuss how the local debates relating to colonial history as well as the post-colonial / post-socialist present of both countries would benefit from embracing the concept of ‘colonial exceptionalism’ and from including concepts of race and ‘whiteness’ as important tools of a critical analysis.

Machitia

2019 ◽  
pp. 243-264
Author(s):  
Joél-Léhi Organista
Keyword(s):  
Critical Race Theory ◽  
Critical Pedagogy ◽  
Queer Theory ◽  
Mobile Technology ◽  
Mobile App ◽  
Lesson Plans ◽  
Critical Race ◽  
Race Theory ◽  
Theoretical Frameworks ◽  
Culturally Sustaining Pedagogy

Machitia is an educator-focused mobile app prototype where educators create, collaborate, and share lesson plans. These lesson plans embed the following liberating and transformative theoretical frameworks and pedagogies called in this chapter “circles of liberation”: (1) Dis/ability critical race theory (DisCrit), (2) biliteracy, (3) culturally sustaining pedagogy, (4) radical healing, (5) critical pedagogy, (6) proficiency-based learning, (7) queer theory, and (8) decolonizing theory. After introducing those frameworks, a mapping of currently existing educator-focused platforms prelude the review of mobile technology theoretical frameworks Machitia's design incorporates. Then, the discussion turns to how all the circles of liberation and mobile technology theoretical frameworks manifest as features within Machitia. By the end of the chapter, learners and educators will have a sense of the various possibilities of, and the need for, an education-focused liberation platform.

Contributions from Queer Theory

2014 ◽  
Author(s):  
Patrick S. Cheng
Keyword(s):  
Social Construction ◽  
Queer Theory ◽  
Theological Reflection ◽  
Critical Approach ◽  
Post Colonial ◽  
Sexuality And Gender ◽  
Queer Theology ◽  
Colonial Theory ◽  
And Gender ◽  
Queer Temporality

This chapter provides an overview of what Christian theologians need to know about queer theory, which is a critical approach to sexuality and gender that challenges the ‘naturalness’ of identities. Based upon developments in queer theory since the early 1990s, the chapter proposes the following four marks of queer theory: (1) identity without essence; (2) transgression; (3) resisting binaries; and (4) social construction. The chapter then discusses four strands of queer theology that correspond with each of the four marks of queer theory. The chapter concludes by suggesting six issues for future queer theological reflection: (1) queer of colour critique; (2) queer post-colonial theory; (3) queer psychoanalytical discourse; (4) queer temporality; (5) queer disability studies; and (6) queer interfaith dialogue.

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