The effect of 'becoming' on trans* legal recognition

[摘要] This thesis focuses on law’s conception of trans* embodiment and explores how the treatment of trans* lives by law exposes the existentially limiting understandings of ‘sex’ and ‘gender’ that underpin legal thinking. The thesis considers these limits on understanding to be problematic and limiting for the trans* community and uses theory to explore and advance a more appropriate and fluid scheme for legal recognition. Chapter one pays particular attention to the Gender Recognition Act 2004. It will be argued that it is based on the idea of the ‘authentic transsexual’ which, in the case of the Act, is founded on the separation of ‘sex’ and ‘gender’ and the construction of sex as dimorphic biological fact. Chapter two introduces and explores the idea of ‘becoming’ which can be used to re-figure what it means to be trans*. ‘Becoming’ can de-essentialise trans* lives in law and path the way for a more transformatory and fluid politics of recognition. Chapter three introduces a model of recognition that could be introduced in Scotland that is responsive to the self understood in terms of ‘becoming’. It will be argued that the model of self-identification and multiple gender scheme proposed balances trans* need for rights and protection with the demand that their sense of being and right to self-determination be protected. Finally, it is argued that this model is a necessary intermediate step in the move toward a post-gender world.

[发布机构] University:University of Glasgow;Department:School of Law

[关键词] Law, trans, transgender, gender recognition act, gender, sexuality, becoming, feminism, queer.