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By Rosie Harding
Winner of the 2011 SLSA-Hart Socio-Legal ebook Prize Regulating Sexuality: felony recognition in Lesbian and homosexual Lives explores the impression that fresh seismic shifts within the criminal panorama have had for lesbians and homosexual males. the decade has been a time of intensive swap within the criminal law of lesbian and homosexual lives in Britain, Canada and the united states. nearly each area that the legislations affects on sexuality has been reformed or transformed. those criminal advancements mix to create a brand new, uncharted terrain for lesbians and homosexual males. And, via an research in their attitudes, perspectives and stories, this e-book explores the consequences of those advancements. Drawing on—as good as developing—the inspiration of ‘legal consciousness’, Regulating Sexuality specializes in 4 assorted ‘texts’: qualitative responses to a large-scale on-line survey of lesbians’ and homosexual men’s perspectives concerning the criminal reputation of comparable intercourse relationships; released auto/biographical narratives approximately being and changing into a lesbian or homosexual father or mother; semi-structured, in-depth, interviews with lesbians and homosexual males approximately courting popularity, parenting, discrimination and equality; and fictional utopian texts. during this research of the interplay among legislations and society in social justice routine, Rosie Harding interweaves insights from the hot felony pluralism with felony awareness reports to give a wealthy and nuanced exploration of the modern legislation of sexuality.
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Additional resources for Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives (Social Justice)
Example text
Where discussing her work, I therefore use the LGBT acronym, but, in many respects, this work is most representative of lesbian and gay parents. 3 Ewick and Silbey describe the ways in which whale song changes gradually and almost imperceptibly over time, but that if a reasonable amount of time passes, the later song is markedly different from the earlier song (Ewick & Silbey, 1998: 44). Chapter 3 Reconsidering resistance In the previous chapter, I argued that in order to make legal consciousness a more useful conceptual frame for understanding the place of law in lesbian and gay lives, it is necessary to develop a more nuanced understanding of the key concepts of power and resistance and to include engagement with a plural understanding of law.
The other three critiques outlined above (the problems of studying ‘consciousness’, the need for awareness of structural forces and constraints, and the potential for empirical research to be overly descriptive) are very much linked as a primary problematic in legal consciousness studies. I argued above that approaching legal consciousness with an awareness of intersectionality and the interlocking nature of systems of subordination may help to expose structural constraints and their effects on legal consciousness.
Throughout this book I seek to expose the contingency and instability of approaching power and resistance in this way, and to show that resistance (in particular) is complex, varied and worthy of deeper analysis. Through the theoretical approaches to power and resistance that I use, I therefore complicate this picture of a powerful/powerless dyadic relationship between ‘powerful institutions’ and ‘subordinate persons’. I begin with a brief sketch of how I understand ‘power’, drawing on Foucault, feminist engagements with Foucault’s analytics of power and the ways in which governmentality studies have developed understandings of power relations.