Law, Gender Identity, and the Brain
eBook - ePub

Law, Gender Identity, and the Brain

Exploring Brain-Sex Theories in Judicial Decisions on Trans and Intersex Minors

  1. 248 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Law, Gender Identity, and the Brain

Exploring Brain-Sex Theories in Judicial Decisions on Trans and Intersex Minors

About this book

This book challenges law's reliance on neurology's brain-sex binary.

The brain has become the latest candidate in a historical search for a reliable and fixed biological marker of 'true sex' that has permeated every aspect of Western culture, including law. As definitions of the sexed and gendered body have become ever more contentious, the development and dissemination of brain-sex theories have come to dominate popular understanding of LGBTI+ identities. But, this book argues, the brain is no more helpful than earlier biological measures in ensuring just outcomes. Examining how law determines and differentiates 'male' and 'female' in two contested areas of sexed identity –through a discussion of Australian cases authorising medical interventions to alter the embodied sex characteristics of transgender minors and intersex minors –the book demonstrates an incoherence in the legal understanding of gender identity development. As the brain too fails as a convincing biological anchor for the binary sex categories of male and female, law must, it is argued, retreat from its aspiration to create, define, and regulate artificially bounded sex categories of male and female.

This book will be of great interest to scholars and students in a range of disciplines who are working at the intersection of law, gender, and sexuality.

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Yes, you can access Law, Gender Identity, and the Brain by Aileen Kennedy in PDF and/or ePUB format, as well as other popular books in Derecho & Teoría y práctica del derecho. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge
Year
2023
Print ISBN
9781032424316
eBook ISBN
9781003824152

Table of contents

  1. Cover
  2. Half-Title
  3. Series
  4. Title
  5. Copyright
  6. Contents
  7. Acknowledgements
  8. 1 Introduction
  9. 2 Sex, Gender, and Gender Identity
  10. 3 Brain-Sex Binary Theories
  11. 4 Intersex Variations
  12. 5 Transgender in the Australian Family Court
  13. 6 Intersex in the Australian Family Court
  14. 7 Conclusion
  15. Index