Edited by Emilios Christodoulidis, Ruth Dukes and Marco Goldoni
Chapter 5: Queer in the law: critique and postcritique
This chapter illustrates how queer theories affect the way we think of the law. I first discuss the dynamics of negotiation that are required for forms of sexuality and types of relationships to gain access to legal recognition and state protection. In doing so, I look at three lines of the queer lineage (namely, Freudo-Marxism, radical constructivism and antisocial theories) and foreground how they conceive the relation between law and sexuality. To cut deeper into the ambivalence of this relation, I centre on the same sex marriage debate and especially the heated contrapositions that still surround it. This shines a light on how claims to legal recognition affect the law in a transformative manner and to what extent these very claims are reabsorbed in a constrictive lexicon that effaces the challenging character of same sex sexuality. The chapter concludes by gesturing to the innovative effects of postcritique on queer theory and its conception of the legal practice.
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