Details

The Tyranny of Ordinary Meaning


The Tyranny of Ordinary Meaning

Corbett v Corbett and the Invention of Legal Sex

von: Christopher Hutton

53,49 €

Verlag: Palgrave Macmillan
Format: PDF
Veröffentl.: 21.06.2019
ISBN/EAN: 9783030202712
Sprache: englisch

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Beschreibungen

<p>This book offers an in-depth analysis of the case of <i>Corbett v Corbett</i>, 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.&nbsp;</p>
Chapter 1: Introduction<div>Chapter 2: Intellectual Background</div><div>Chapter 3: Legal Sex and Marriage</div><div>Chapter 4:&nbsp;The Decision in&nbsp;<i>Corbett v Corbett</i></div><div>Chapter 5: Ordinary Meaning Beyond the Law/Fact Distinction</div><div>Chapter 6: Conclusion</div><div>Index</div>
<p><b>Christopher Hutton</b> 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.</p>
This book offers an in-depth analysis of the case of <i>Corbett v Corbett</i>, 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.&nbsp;<div><br><p></p>

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

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