Law & Legal Studies

Queering the Transnational: Notes on an Emerging Politics of Law and Sexuality

Law and Sexuality

This chapter of the book, The Oxford Handbook of Transnational Law, discusses the relevance of bringing transnational perspectives to the legal curriculum, particularly in the context of gender and sexuality studies.

Author

Dipika Jain, Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India. 

Summary

This chapter argues that transnational law holds significant potential as a methodological lens to study the intersection of gender, sexuality, and law. The discourse on gender and sexual rights has been cultivated by transnational dialogue and deliberation, and serves as an apt site to study the regulation of gender and sexuality. 

“Law and sexuality” as an academic discipline is meaningful when explored through the lens of transnational law and legal scholarship. Law schools ought to incorporate the dynamic interaction between domestic decision-making, foreign jurisprudence, and the international legal system and critical perspectives on each into their curricula. 

The first section of this chapter provides a primer to the study of law and sexuality through feminist and queer perspectives to critically engage with the legal regulation of gender identity and sexuality. 

Following this, the second section discusses the relevance of bringing transnational perspectives to the legal curriculum, particularly in the context of gender and sexuality studies.

Published in: The Oxford Handbook of Transnational Law

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