Disruption, temporality, law: the future of law and society scholarship?

Peters, Timothy D.; Silva-Wijeyeratne, Roshan de; Flood, John

doi:10.1080/10383441.2017.1576378

Cited by 1 publication

(3 citation statements)

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“…How do we balance winning cases versus winning our identities? This challenge to the normative function of the law is an interruption of a particular temporality (namely, the hegemonic past by way of precedent) and an opening up of avenues to alternative futures (Peters, de Silva-Wijeyeratne, & Flood, 2017). Where temporality is concerned, the law is trapped between its need to appear objective and removed from society and its need to respond to current societal issues.…”

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

“…Generally, narratives of the law privilege continuity (to the past) and stability over moments of disruption. However, gender diverse litigants who bring their lived experiences before the court create moments of disruption which 'begin an ongoing and continuous temporality' (Peters et al, 2017) of the law. This article will examine how the need for legal legibility, and, as a result, the need for temporal understanding by the court impacts gender right cases for gender diverse persons.…”

Section: Introductionmentioning

confidence: 99%

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Epistemic Injustice and Judicial Discourse on Transgender Rights in India: Uncovering Temporal Pluralism

Jain

Rhoten

2020

Journal of Human Values

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This article examines how efforts at legal legibility acquisition by gender diverse litigants result in problematic (e.g., narratives counter to self-identity) and, at times, erroneous discourses on sex and gender that homogenize the litigants themselves. When gender diverse persons approach the court with a rights claim, the narrative they present must necessarily limit itself to a normative discourse that the court may understand and, therefore, engage with. Consequently, the everyday lived experiences of gender diverse persons are often deliberately erased from the narrative as litigants mould themselves into the pre-existing normative legal categories of gender and sex. As a result of such mechanisms, the article finds that gender diverse litigants face epistemic injustice in the courts as their legal legibility is constructed within a constraining gender binary paradigm of judicial discourse. The article explores the trajectory of transgender rights in India, through an analysis of case law prior to and post the landmark NALSA decision, to understand how the approach to transgender rights and identities has been shaped by and shapes, in turn, normative conceptions of gender. The article argues for the incorporation of temporal pluralism into the law that would allow courts to hear gender diverse litigant accounts premised on contemporary gender diversity beyond the binary (rather than incontestable prior understandings based in past precedent), which would better account for such social injustices.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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