• Queerness and Liberal Law: The Tension between Emancipation and Naturalization. Comment on Elisabeth Holzleithner

    Author(s):
    Karsten Schubert (see profile)
    Date:
    2018
    Group(s):
    LGBTQ Studies, Political Philosophy & Theory, Queer and Trans German Studies, Queer and Trans German Studies GSA Network, Queer Theory Group
    Subject(s):
    Queer and gender studies, Liberalism, Constructivism, Freedom, Michel Foucault
    Item Type:
    Conference paper
    Conf. Title:
    Being Through Law, Experiences and Structures of Rightlessness Workshop
    Conf. Org.:
    Philosophy, TU Darmstadt
    Conf. Loc.:
    Darmstadt
    Conf. Date:
    17th & 18th December 2018
    Tag(s):
    freedom as critique, queerness, liberal law
    Permanent URL:
    http://dx.doi.org/10.17613/k7a5-2v28
    Abstract:
    Thank you very much for this excellent presentation. In my comment I aim to render more explicit some fundamental tensions or contradictions between legal emancipation and queerness, which are at stake in your description of the legal frameworks for the protection of queers. It thereby reopens the question of the strategic choice between appealing to the democratic legislator (political strategy) or judicial activism (legal strategy). I will first describe the current human rights paradigm, in which the legal strategy around gender identity is framed, as based on liberal subjective rights which naturalize the individual will. Second, I show that this liberal strategy is problematic, as it is apologetic and open for right-wing criticism. Third, I examine a constructivist paradigm and its tension with the naturalist paradigm. Fourth, I argue that a legal strategy which is based on the constructivist paradigm works better than the naturalist one. However, it blurs the boundaries between law and politics.
    Metadata:
    Status:
    Published
    Last Updated:
    4 months ago
    License:
    All Rights Reserved
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