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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases
AU - Beresford, Sarah
PY - 2012
Y1 - 2012
N2 - Legal discourse constructs “truths”, not in relation to legal identity, but also in relation to other categories of identity. This article is concerned with a small but important part of those “truths” – that of correctly performed gender identity. It does so by exploring how some legal judgments determine the property interests of cohabiting couples in constructive trusts. However, this paper is not about constructive trusts as such. Rather, it is an interrogation of law’s language which creates and perpetuates types of behaviour seen as legally relevant. It uses a Butlerian approach to offer an alternative way of conceptualising how an applicant seeking to establish a beneficial interest has to perform behaviours of a certain type (usually financial). Bringing a post-structuralist analysis to bear on this very traditional doctrinal area of law, the paper suggests that there is scope for legal discourse to re-evaluate what performances “count” when deciding upon proprietary interests.
AB - Legal discourse constructs “truths”, not in relation to legal identity, but also in relation to other categories of identity. This article is concerned with a small but important part of those “truths” – that of correctly performed gender identity. It does so by exploring how some legal judgments determine the property interests of cohabiting couples in constructive trusts. However, this paper is not about constructive trusts as such. Rather, it is an interrogation of law’s language which creates and perpetuates types of behaviour seen as legally relevant. It uses a Butlerian approach to offer an alternative way of conceptualising how an applicant seeking to establish a beneficial interest has to perform behaviours of a certain type (usually financial). Bringing a post-structuralist analysis to bear on this very traditional doctrinal area of law, the paper suggests that there is scope for legal discourse to re-evaluate what performances “count” when deciding upon proprietary interests.
KW - gender
KW - Judith Butler
KW - constructive trusts
KW - law
M3 - Journal article
VL - 63
SP - 187
EP - 200
JO - Northern Ireland Legal Quarterly
JF - Northern Ireland Legal Quarterly
SN - 0029-3105
IS - 2
ER -