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It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases

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It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases. / Beresford, Sarah.

In: Northern Ireland Legal Quarterly, Vol. 63, No. 2, 2012, p. 187-200.

Research output: Contribution to journalJournal articlepeer-review

Harvard

Beresford, S 2012, 'It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases', Northern Ireland Legal Quarterly, vol. 63, no. 2, pp. 187-200.

APA

Vancouver

Author

Beresford, Sarah. / It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases. In: Northern Ireland Legal Quarterly. 2012 ; Vol. 63, No. 2. pp. 187-200.

Bibtex

@article{5676b62e40384f8db75b024e1f355657,
title = "It's Not Me it's You : Law's Performance Anxiety Over Gender Identity in Cohabitation Cases",
abstract = "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{\textquoteright}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.",
keywords = "gender , Judith Butler, constructive trusts, law",
author = "Sarah Beresford",
year = "2012",
language = "English",
volume = "63",
pages = "187--200",
journal = "Northern Ireland Legal Quarterly",
issn = "0029-3105",
number = "2",

}

RIS

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 -