Research Handbook on Gender, Sexuality and the Law


Research Handbook on Gender, Sexuality and the Law

9781788111140 Edward Elgar Publishing
Edited by Chris Ashford, Professor of Law and Society, Law School, Northumbria University and Alexander Maine, The City Law School, City, University of London UK
Publication Date: 2020 ISBN: 978 1 78811 114 0 Extent: 552 pp
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.

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Critical Acclaim
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This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.

Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed.

This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy.
Critical Acclaim
‘They have edited a timely collection that offers a global perspective on “the current gender, sexuality, and law research landscape.” Highly recommended.’
– C Pinto, CHOICE

‘It provides a comprehensive, contemporary and provoking account of the field that is truly socio-legal in nature and places front and centre the voices of some of those most directly affected by the law and its institutions.’
– Ilona Cairns, Edinburgh Law Review

‘An important intervention in the persistent question of how we can use the law for sexual liberation without being used by the law. This volume interrogates who “we” are across multiple identities, what law is or has been in numerous jurisdictions, and what sexual, gender, and human liberation might be in our lifetimes. Not beholden to any particular theoretical perspective or doctrinal imperative, this collection will serve as a vital springboard for researchers in sex, gender, and legal struggles.’
– Ruthann Robson, City University of New York, School of Law, US

‘An important and timely collection that demonstrates the enduring value of gender and sexuality for legal and other scholars working across a wide range of issues. While revisiting and recasting gay rights and feminist insights, it also opens up and broadens the field – conceptually and geographically – and acknowledges and engages with debates, rather than attempting to resolve them. In true queer style it troubles boundaries and provides signposts rather than destinations.’
– Daniel Monk, Birkbeck, University of London, UK

‘This book is a very useful resource for both students and academics wanting to consider where the field sits at this historical moment in which il/liberal states struggle with their own internal contradictions and the rise of populist movements. In the face of these forces, it charts paths for future socio-legal scholarship through theoretical and empirical engagement with activist struggles in the west and global south, foregrounding intersectionality in legal analysis around identity, lived experience, bodily autonomy, vulnerability and transgression.’
– Alex Sharpe, Keele University, UK
Contributors: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Taşcıoğlu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago


1 Introduction to the Research Handbook on Gender, Sexuality and Law 1
Chris Ashford and Alexander Maine

2 From the litigants’ perspective: Wilkinson v Kitzinger and the pursuit of
marriage equality in England and Wales 8
Sue Wilkinson and Celia Kitzinger
3 Formal recognition of adult relationships and legal gender in a comparative
perspective 17
Jens M. Scherpe
4 Diplomacy, conditionality and transnational LGBTI rights 32
Kay Lalor
5 Legislating and litigating same sex marriage in China 45
Tingting Liu and Jingshu Zhu
6 Striking women: the politics of gender, sexuality and the law in South Africa 60
Melanie Judge and Dee Smythe

7 Life at the corner of poverty and sexual abjection: lewdness, indecency,
and LGBTQ youth 76
Libby Adler
8 Same sex marriage and Article 12 of the European Convention on
Human Rights 91
Paul Johnson and Silvia Falcetta
9 LGBTI migration in Europe 104
Alexander Schuster
10 Fully recognizing both dignity and equality values under the emergent
ECHR right to a same sex registered partnership 120
Helen Fenwick and Daniel Fenwick
11 Transgender rights in Europe: EU and Council of Europe movements
towards gender identity equality 134
Peter Dunne

12 Normative understandings: sexual identity, stereotypes, and asylum seeking 149
Alex Powell
13 Feminist responses to same sex relationship recognition 164
Rosemary Auchmuty
14 LGBT rights and tax law: a comparative perspective 181
Anthony C. Infanti
15 LGBT rights in Africa 194
Siri Gloppen and Lise Rakner

16 A perfect storm: the UK government’s failed consultation on the Gender
Recognition Act 2004 211
Stephen Whittle and Fiona Simkiss
17 Becoming a legal proxy: the unintended consequences of informed
consent in US transgender medicine 232
stef m. shuster
18 (De)regulating trans identities 244
Flora Renz
19 ‘That’s a bit of a minefield’: supported decision making in intellectually
disabled people’s intimate lives 256
Rosie Harding and Ezgi Taşcıoğlu
20 Dispute resolution, domestic violence and abuse between lesbian partners 271
Maria Federica Moscati

21 The global femicide problem: issues and prospects 286
Rosemary Barberet and Aneesa A. Baboolal
22 Law, society and domestic violence: ‘best practice’ methodologies for
evaluating integrated domestic violence services 301
Nan Seuffert and Trish Mundy
23 Gender and hate crime protections 317
Marian Duggan
24 Feminist mandated reporters question the Title IX system: when civil
rights programs adopt managerial logics and protect institutional interests 330
Jessica Cabrera
25 Vulnerability, victimhood and sex offences 341
Sharon Cowan and Rebecca Hewer

26 Kinky identity and practice in relation to the law 362
Ummni Khan
27 Male sex work – a gendered, (hetro)sexist approach to regulation 379
Thomas Crofts
28 Regulating desire in Russia 396
Alexander Kondakov
29 Normative behaviour, moral boundaries and the state 409
Chris Ashford, Alexander Maine and Giuseppe Zago
30 Deviancy and illicit constructions 425
Brian Simpson

31 Masculinities and families: fragmenting law’s ‘family man’ 443
Richard Collier
32 The healthcare rights of people living with HIV and AIDS 457
Matthew Weait
33 Regulating pornography: developments in evidence, theory and law 471
Fiona Vera-Gray and Clare McGlynn
34 Defending pornography: the case against strategic essentialism 484
Alex Dymock
35 Red, white, and BLACK AND BLUE: the American criminalization of BDSM 497
Stephan Ferris

Index 513
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