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States of PassionLaw, Identity, and Social Construction of Desire$
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Yvonne Zylan

Print publication date: 2011

Print ISBN-13: 9780199735082

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199735082.001.0001

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Desiring the Discipline of Law

Desiring the Discipline of Law

Chapter:
(p.18) 2 Desiring the Discipline of Law
Source:
States of Passion
Author(s):

Yvonne Zylan (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199735082.003.0002

This chapter addresses the question of how we should go about understanding law's construction of sexuality and sexual identity. It argues that it is important to examine the law of homosex not (merely) as a set of regulative mechanisms that constrain or enable the expression of sexual freedom but as an array of discursive objects that constitute the very substance of sexual subjectivity. In order to enable such an examination, the chapter synthesizes constitutive and neoinstitutional theories of law.

Keywords:   law, sexuality, sexual identity, homosex, legal theory

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