91视频

ARTICLES

1. Continental Drift Queer, Feminism, Postcolonial
听 听 听 Brenda Cossman
听 听 听 Article () | [expand title=”Abstract”]In this article, I tell a story of drifts – of continental drifts from feminism to queer theory, drifts between continents, from West to East and back again. From its genesis in the works of Eve Sedgwick and Gayle Rubin, queer theory emerged as a project of theorising sex and sexuality in an analytical framework independent of feminism. Others, like Judith Butler have resisted the bracketing of gender and the break of feminism, insisting instead that neither feminism nor queer theory should have such clearly delineated 鈥榩roper objects鈥�. I seek to bring the continental drift to the question of queer theory鈥檚 relationship with feminism, and its location in the postcolonial. While the story starts in the West, where queer theory first emerged, it drifts eastward. But continental drift is not a story of movement from West to East; it is a story of the movement of the Earth鈥檚 continents relative to each other. Shifting tectonic plates produces more than a little deep structural change. So too does the drift of queer theory toward the postcolonial, and the postcolonial toward the queer.
Brenda Cossman, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 17:73, ISSN 0975-2498.[/expand]

听

2. Multitasking Queer Reflections on the Possibilities of Homosexual Dissidence in Law
听 听 听Ratna Kapur
听 听 听Article () | [expand title=”Abstract”]This article interrogates how the term 鈥榪ueer鈥� has come to be used in law. I ask whether 鈥榪ueer鈥� performs the same analytical work as 鈥榮exual subaltern鈥�, or whether it has become aligned to a more sanitised LGBT politics based on fixed identities and positionalities. Reading the Naz Foundation judgment delivered by the Delhi High Court in 2009 and its legal aftermath, I argue that the voice of the sexual subject emerges as somewhat muted in comparison to its articulation in broader cultural and public spaces within which queer agitation has occurred. Exploring the limits and possibilities of 鈥榪ueer鈥� in the law, I interrogate, above all, what 鈥榪ueering the law鈥� might entail. Ratna Kapur, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 36:59, ISSN 0975-2498.[/expand]

听

3. Contagion Politics Queer Rights Claims, Biopower and the 鈥楶ublic Health鈥� Rationale for the Repeal of Sodomy Laws
听 听 听Neil Cobb
听 听 听Article (PDF) | [expand title=”Abstract”]This paper explores the increasing use of 鈥減ublic health鈥� rationales in advocacy for the repeal of national sodomy laws, which justify decriminalisation in terms of managing the global AIDS pandemic and in particular reducing the onward sexual transmission of HIV. The paper frames these rationales as an illustration of the influence of biopower on human responses to the pandemic, or power directed towards the advancement of the health and welfare of bodies and populations. The paper acknowledges the strategic value of the public health rationales, especially in the face of resistance by many conservative nation states to traditional liberal human rights arguments for repeal. However, the paper then proceeds to highlight the potential dangers of over-reliance on the rationales by questioning whether they can offer a sufficiently inclusive, sustainable and progressive basis for contemporary queer rights claims.
Neil Cobb, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 60:88, ISSN 0975-2498.[/expand]

听

4. Section 377 and the Myth of Heterosexuality
听 听 听Zaid Al-Baset
听 听 听Article () | [expand title=”Abstract”]This essay intends to 鈥榬ead鈥� the 105 page text of the Naz foundation judgement as a site for the de-historicisation of 鈥榟omosexual鈥� subject(s). Employing Roland Barthes鈥� explication of 鈥榤yth鈥�, an attempt is made to understand how the text of the judgement constructs the myth of heterosexuality which de-naturalises the 鈥榟omosexual鈥� subject as a naturally occurring 鈥榰nnatural鈥� phenomenon. This essay probes into the contradictory ways in which the 鈥榟omosexual鈥� subject is produced by the text. While on one hand the 鈥榟omosexual鈥� is understood as a 鈥榗lass鈥�, on the other, a radical anti-essentialist stance is exhibited in the evocation of the discourse of AIDS and particularly the category of MSM (men who have sex with men). The simultaneous 鈥榤inoritising鈥� and 鈥榰niversalising鈥� stances present in the judgement produce the queer subject in confounding ways which inadvertently evoke and reinforce the specter of the closet. The essay also provides a critique of the 鈥榬ight to privacy鈥� in so far as it threatens to erase the queer subject from the public, thereby, re-producing the closet. The metaphor of the closet is used to denote a space (or its lack) which functions to cohere heterosexuality and produce the 鈥榟omosexual鈥� as its inevitable and often invisible other. By attempting to analyse the relationship between the queer Indian subject and the closet as produced by the text of the judgement, a theory of the closet is envisaged as not simply a feature of queer lives but all lives in general in a heteronormative context.
Zaid Al-Baset, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 89:109, ISSN 0975-2498.[/expand]

听

5. Claiming Citizenship, Contesting Civility: The Institutional LGBT Movement and the Regulation of Gender or Sexual Dissidence in West Bengal, India
听 听 听 Aniruddha Dutta
听 听 听 Article () | [expand title=”Abstract”]This essay examines the ongoing construction of gender/ sexual identities and minorities as claimants to legitimate citizenship and civic participation as a process that tends to exclude or discipline diverse practices and subject positions at the intersections of gender/ sexual and class/ caste marginality. Through a situated study of the interactions between the institutionalised LGBT (lesbian, gay, bisexual, transgender; particularly GBT) movement in West Bengal, India and lower class/ caste individuals and communities that inhabit gendered positions of marginality, the article argues that while they are often positioned within the institutional movement either as subjects of welfare or inadequate citizens who need to be trained to become worthy of rights, they may contest such regulatory practices and attendant exclusionary definitions of civility and citizenship. The article explores how these contestations might provide the ground for imagining more radical practices of gender/ sexual dissidence than those accommodated by liberal discourses of equality and rights.
Aniruddha Dutta, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 110:141, ISSN 0975-2498.[/expand]

听

6. Disrupting the Dinner Table Re-thinking the 鈥楺ueer Movement鈥� in Contemporary India
听 听 听 Ashley Tellis
听 听 听 Article () | [expand title=”Abstract”]Using the frame of global governance, this article argues that the neoliberal economy and the consequent practice of global funding has turned 鈥渜ueers into entrepreneurial and consumptive citizens who play by the rules of the state-market nexus.鈥� I contend that the 鈥榪ueer movement鈥� in India is classist, casteist, sexist and complicit with power structures of the most oppressive kind. There is a right-wing queer in India, and no other. Questioning the terms 鈥榪ueer鈥� and 鈥榤ovement鈥�, the article shows how their coming together helps 鈥渙ld desires resurface 鈥� legalistic desires for equality and justice, the humanist desire for dignity and the orientalist desire of liberating the postcolonial queer from barbaric cultures,鈥� and call for a more critical and radical engagement with the politics of the current conjuncture which produces the 鈥榪ueer鈥� imaginary in contemporary India.
Ashley Tellis, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 142:156, ISSN 0975-2498.[/expand]

听

7. Unlearning Human Rights and False Grand Dichotomies: Indonesian Archipelagic Selves Beyond Sexual/Gender Universality
听 听 听 Vanja Hamzic
听 听 听 听Article () | [expand title=”Abstract”This study presents a critical genealogical analysis of the narratives and politics of representation of various human subjectivities in Indonesia who transgress dominant universalising sexual and gender norms. It traces various streams of regulation, including those reliant on liberal legalistic discourse of human rights, whose extremities produce the stringent 鈥榟eteronormative鈥� versus 鈥榟omonormative鈥� poles 鈥� the two mutually reinforcing other worlds bereft of the intrinsic complexity of sexual/gender experience across the country鈥檚 archipelagic selves. This tacit othering, inapt to account for numerous local identitary frictions, transitions and re-appropriations owed, inter alia, to distinct non- sexual and non-gender communitarian dynamics, continues to usher in an alien dichotomy of personhood, whose referential, idealised 鈥榮elf鈥� and juxtaposed 鈥榦ther鈥� are both violently simplified and tainted with heightened ideological overtones. Against a backdrop of these impoverished binaries, this study confronts the multiple difficulties that a researcher of such phenomena inevitably encounters, ranging from the perils of internationalised taxonomies, such as 鈥楲GBT鈥�, to the paradigmatic strategy of silent disidentification employed by the local subjectivities as a peculiar form of resistance. It is posited that these complexities are perhaps best captured and exposed if numerous globalised a priori binaries (鈥榟etero鈥�/鈥榟omo鈥�, 鈥榤ale鈥�/鈥榝emale鈥�, 鈥楨ast鈥�/鈥榃est鈥�, etc.) and legalistic 鈥榩anaceas鈥� (e.g., liberal discourse on human rights) are gradually unlearnt and disestablished in favour of locale-specific inquiries into collective and individual selves and their counter-hegemonic social stratagems. The Indonesian narratives of archipelagic personhood offer one such opportunity.
Vanja Hazi膰, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 157:170, ISSN 0975-2498.[/expand]

听

8. Asking for it: Erotic Asphyxiation and the Limitations of Sexual Consent
听 听 听 听Ingrid Olson
听 听 听 听Article () | [expand title=”Abstract”]The contentious practices of the sadomasochism (S/m) community provide a template for investigating consensual sexual practices that are often deemed excessive. A recent Supreme Court of Canada (SCOC) decision convicted the defendant in an assault case regarding sexual activity performed during a sex partner鈥檚 brief loss of consciousness due to consensual erotic asphyxiation. The SCOC cited law that requires continual consciousness for sexual consent and rejected the defendant鈥檚 argument of prior consent. That is, despite prior consent for sexual activities the SCOC ruled on the legal parameters of sexual autonomy. Several contemporary court decisions regarding S/m practices in England and Canada have placed legal limitations on the permissible level of sexual consent, and subsequently, one鈥檚 sexual autonomy. Legal parameters on sexual practices often conflict with the contemporary community standards of sexuality. This article argues that the autonomy to consent to the sexual practices one desires should not be limited by consciousness. There is a new sexual movement underway, fuelled by the discourses of feminist, sexuality, and queer theorists that seek to shift anti-porn and sexual assault dialogues to a positive project of sexual empowerment and queer sexualities. It is a call for sexual agency, the autonomy to negotiate sexual boundaries and pursue one鈥檚 sexual desires. This sexual liberation movement desires a revaluation of sexual values, and the right to say 鈥榶es鈥�. Sexual autonomy, borne from negotiation and enthusiastic consent, is a re-imagination of the term 鈥榓sking for it鈥�.
Ingrid Olson, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 171:200, ISSN 0975-2498.[/expand]听听

听

9.鈥楶aradoxes of Visibility鈥�: Lesbian and Gay Parents in the Australian Print Media
听 听 听 Damein W. Riggs
听 听 听 Article () | [expand title=”Abstract”]As popular media increasingly include representations of lesbian and gay parents, so comes with this what Gamson terms 鈥榩aradoxes of visibility鈥�. On the one hand, increased representation means both that lesbian- and gay-headed families are able to see themselves reflected in the mirror of the social realm, and that such representation potentially signifies increasing acceptance of lesbian- and gay- headed families. On the other hand, media representations of lesbian and gay parents, like all media representations, are prone toward sensationalism, normativity and potential misrepresentation. This article takes up this paradox by exploring a sample of articles from Australian popular magazines featuring lesbian and gay parents. The analysis presented suggests that normativities predominate across all representations examined, with this occurring specifically through: 1) the evocation of 鈥榣oving families鈥� to account for lesbian- and gay-headed families in highly normative ways, 2) an emphasis upon biological relatedness to the exclusion of all other family forms, 3) a failure to recognise the racial and class privilege of white middle-class lesbian and gay parents, and 4) a primary focus upon coupled parents. As such, this article suggests that while the appearance of the articles analysed is positive for what it potentially signifies about public acceptance and the intelligibility of lesbian and gay parents, the articles function to exclude as much as they include.
Damin W. Riggs, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 201:218, ISSN 0975-2498.[/expand]

听

10. Resisting, Demanding, Negotiating and Being: The Role of Scandals in the Everyday Lives of Argentinean Travesties
听 听 听 听Mar铆a Soledad Cutuli
听 听 听 听Article () | [expand title=”Abstract”]The aim of this article is to explore the different uses and meanings of the category 鈥榮candal鈥� among Argentinean travestis. It is argued that this insight could be fruitful to understand the logic according to which local travestis resist, negotiate, demand and manage access to rights, opportunities, and/or goods, from which they have been historically excluded due to their non-hegemonic gender identities. In line with the performative logic employed to construct their gender identities, the idea of 鈥榮candal鈥� is fruitful for them to think, to make themselves visible and to act politically. This article proposes a political and anthropological approach to study the relation between structures of inequality and resistance through collective action. It takes into account a perspective developed by political anthropologists, centred in the power relationships analysis and an understanding of politics as a dimension of daily life.
Soledad Cutuli, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 219:237, ISSN 0975-2498.[/expand]

听

11. Queer Politics in Spain: There is Life after Same Sex Marriage Legislation
听 听 听 听Susana L贸pez Penedo
听 听 听 听Article () | [expand title=”Abstract”]This article analyses the evolution of the gay and lesbian movement in Spain during the past forty years, from the final years of Franco鈥檚 dictatorship and the transition to democracy to the achievement of same-sex marriage rights in 2005. The article focuses on the influence of Queer Theory and queer activism in the gay and lesbian movement and, more widely, in the politics of other Spanish social movements. The article analyses the debate between the gay and lesbian movement and queer activists about the implications of focusing on same-sex marriage instead of developing a radical critique of heteronormativity. The author explores the effects that achieving same-sex marriage has had in the dynamics of the LGBT movement. As reclaiming the right to marry for gay and lesbian people was the main political objective of the LGBT movement, once the right was achieved it left the movement with a lack of political direction and a need to readdress its priorities. The author argues that the Spanish case is a good example of the limited effectiveness of strategies that focus on the discourse of rights and laws and their inability to stop social and cultural homophobia. She explores the contribution of queer activism in the politics of current Spanish social movements, beyond LGBT activism, especially in the discourse of the new M-15 movement which emerged as a result of the social discontent created by the current international economic crisis and that has inspired the Occupy Movement beyond the Spanish borders.
Susan L贸pez Penedo, Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, 238:263, ISSN 0975-2498.[/expand]

听

BOOK REVIEW

12. 鈥楽plit Decisions: How and Why to take a Break from Feminism鈥� by Janet Halley
听 听 听 Saptarshi Mandal
听 听 听 Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, pgs. 264
听 听 听 听()

听

13. 鈥楩or the Record: On Sexuality and the Colonial Archive in India鈥� by Anjali Arondekar
听 听 听 听 Lakshmi Arya
听 听 听 听 Jindal 91视频 Law Review, Volume 4, Issue 1, August 2012, pgs. 277
听 听 听 听()