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The Tyranny of Ordinary Meaning: Corbett v Corbett and the Invention of Legal Sex

Autor Christopher Hutton
en Limba Engleză Paperback – 14 aug 2020
This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality. 
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Specificații

ISBN-13: 9783030202736
ISBN-10: 3030202739
Pagini: 187
Ilustrații: VIII, 187 p.
Dimensiuni: 148 x 210 mm
Greutate: 0.24 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Palgrave Macmillan
Locul publicării:Cham, Switzerland

Cuprins

Chapter 1: Introduction.- Chapter 2: Intellectual Background.- Chapter 3: Legal Sex and Marriage.- Chapter 4: The Decision in Corbett v Corbett.- Chapter 5: Ordinary Meaning Beyond the Law/Fact Distinction.- Chapter 6: Conclusion.

Notă biografică

Christopher Hutton is Chair Professor in the School of English at the University of Hong Kong. His research concerns the history of linguistics within the history of ideas, in particular the relationship between linguistics and race theory, and linguistics and fascism. In the last decade he has been working on the politics of language and interpretation in the context of the law, focusing on the classification of objects, acts, animals and people.

Textul de pe ultima copertă

This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality. 

Christopher Hutton is Chair Professor in the School of English at the University of Hong Kong. His research concerns the history of linguistics within the history of ideas, in particular the relationship between linguistics and race theory, and linguistics and fascism. In the last decade he has been working on the politics of language and interpretation in the context of the law, focusing on the classification of objects, acts, animals and people.

Caracteristici

Takes an interdisciplinary approach, dealing with law, language, ‘legal sex’, and social as well as intellectual history Analyses the interplay between ordinary language legal reasoning, 'common sense' judgements, and more nuanced biomedical realities Considers the legacy of Corbett in current debates about legal sex, including the nature and potential role of self-classification