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Article: Definition in law: Transgender identities and marriage

TitleDefinition in law: Transgender identities and marriage
Authors
KeywordsTrangender
Monstrousness
Categorization
Issue Date2012
PublisherWorld Academy of Science, Engineering and Technology (WASET). The Journal's web site is located at http://www.waset.org/publications.php
Citation
World Academy of Science, Engineering and Technology, 2012, v. 6 n. 12, p. 158-162 How to Cite?
AbstractThis paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and 'monstrous'. Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.
Persistent Identifierhttp://hdl.handle.net/10722/216682
ISSN
2014 SCImago Journal Rankings: 0.133

 

DC FieldValueLanguage
dc.contributor.authorTao, KWY-
dc.date.accessioned2015-09-18T05:35:21Z-
dc.date.available2015-09-18T05:35:21Z-
dc.date.issued2012-
dc.identifier.citationWorld Academy of Science, Engineering and Technology, 2012, v. 6 n. 12, p. 158-162-
dc.identifier.issn2010-376X-
dc.identifier.urihttp://hdl.handle.net/10722/216682-
dc.description.abstractThis paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and 'monstrous'. Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.-
dc.languageeng-
dc.publisherWorld Academy of Science, Engineering and Technology (WASET). The Journal's web site is located at http://www.waset.org/publications.php-
dc.relation.ispartofWorld Academy of Science, Engineering and Technology-
dc.subjectTrangender-
dc.subjectMonstrousness-
dc.subjectCategorization-
dc.titleDefinition in law: Transgender identities and marriage-
dc.typeArticle-
dc.description.naturelink_to_OA_fulltext-
dc.identifier.hkuros254631-
dc.identifier.volume6-
dc.identifier.issue12-
dc.identifier.spage158-
dc.identifier.epage162-
dc.publisher.placeTurkey-

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