Scholars and activists concerned with eliminating violence and discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) people have generated passionate conversations about pursuing law reform to make injuries, intimacies, and identities visible while challenging how legal systems continue to marginalise queers. My paper contributes to these conversations by using emotion as an analytic register to navigate the ways case law seeks to 'progress' the intimacies and identities of LGBTI people from positions of injury. In doing so, I introduce a new approach to queer activist legal scholarship by reading emotion in law on two levels: I target its enactment in what I call 'pro-LGBTI cases' and it forms the register in which I pursue my evaluation of those cases. Rather than develop this analysis around specific doctrines or jurisdictions, I create my own activist-scholarly narrative by reading emotions through their enactments in pro-LGBTI cases that cross various sub-disciplines of law. From hate crime laws to marriage equality cases, this paper navigates competing emotions, such as hate and love, which simultaneously structure legal progress. Reading emotion enables us to address how legal recognition and visibility can work, paradoxically, to cover the queer injuries, intimacies, and identities they seek to address.
This paper explores the dynamics of emotion in law and legal classrooms by showing: (1) why foregrounding how law is shaped by emotion better equips students to learn about how law advances and/or inhibits various pursuits of social justice and (2) how emotion functions as a useful pedagogical strategy in the classroom to make students receptive enough to empathetically and critically engage with pressing legal questions about social justice. This paper fleshes out the importance of foregrounding emotions in legal classrooms through an autoethnographic account of designing and teaching an undergraduate elective law module called Law and Emotion. By synthesising critical legal studies, law and emotion scholarship, and social theories of teaching/learning with observations from module design, delivery, assessment, and evaluation, this paper illuminates the pedagogical importance of making law, law teachers, and law students engage critically with their feelings.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.