Academic

Faithful on Transformative Gender Law

By Lawrence Solum

Richael Faithful (American University - Washington College of Law) has posted (Law) Breaking Gender: In Search of Transformative Law (Journal on Gender, Social Policy, & the Law, Vol. 18, No. 3, 2009) on SSRN. Here is an excerpt from the conclusion:

I invite any person into the transformative gender law discussion who is invested in long-term gender-justice. We will need insights from activists, advocates, scholars, and gender variant community members themselves to shape the political climate, contextualize the legal debate, and experiment with law-making options. As the formal equality regime gasps its final breaths, new ideas are rising to the surface. To borrow from a great justice- thinker, Cornell West, we risk our democratic maturation if we are unable to comfort the nihilism that has engulfed our modern politics.64 To delve into our imperialist legacy is to unleash our democratic energies of ?Socratic questioning, prophetic witness[ing], and tragicomic hope.?65 This idea embodies transformative gender law?s purpose, which contemplates high stakes for a legal, social, as well as a moral future.

Full post as published by Legal Theory Blog on December 22, 2010 (boomark / email).