Transgender Freedom and the Law: A Liberal-Poststructural Discussion on McNally

In R v McNally, gender deception is found capable of leading to the vitiation of consent to sexual intercourse and, in so doing, places restriction on the freedom of transgendered individuals in favour of cisgendered freedom. This paper seeks to challenge the standing of this decision by adopting a combined methodological approach between Deleuzian post-structuralism and Gewirthian legal idealism. In so doing, we attempt to show that the combination offers a novel and productive approach to contentious decisions, such as that in McNally. Our approach brings together post-structuralist corporeality which conceives of the body as material and productive, and Gewirth’s ‘agent’ to conceptualise the legal body as an entity which can, and should, shape judicial reasoning. It does this by employing the criterion of categorically necessary freedom on institutionalised practical reasoning. These ‘bodies of agents’ can be conceived as the underpinning and justificatory basis for the authority of the law subject to the morally rational Principle of Generic Consistency. This egalitarian condition precedent requires individualisation and the ability to accept self-differentiation in order to return to a status, which can be validly described as “law”. Ultimately, we argue that this theoretical combination responds to a call to problematise the connection made between gender discourse and judicial reasoning, whilst offering the opportunity to further our conceptions of law and broaden the theoretical armoury with which to challenge judicial reasoning in McNally. That is, a ‘good faith’ attempt to further and guarantee transgender freedoms.

Television history: archives, excavation and the future. A discussion

This article considers possible futures for television (TV) studies, imagining how the discipline might evolve more productively over the next 10 years and what practical steps are necessary to move towards those outcomes. Conducted as a round-table discussion between leading figures in television history and archives, the debate focuses on the critical issue of archives, considering and responding to questions of access/inaccessibility, texts/contexts, commercial/symbolic value, impact and relevance. These questions reflect recurrent concerns when selecting case studies for historical TV research projects: how difficult is it to access the material (when it survives)? What obstacles might be faced (copyright, costs, etc.) when disseminating findings to a wider public? The relationship between the roles of ‘researcher’ and ‘archivist’ appears closer and more mutually supportive in TV studies than in other academic disciplines, with many people in practice straddling the traditional divide between the two roles, combining specialisms that serve to further scholarship and learning as well as the preservation of, and broad public engagements with, collections. The Research Excellence Framework’s imperative for academic researchers to achieve ‘impact’ in broader society encourages active and creative collaboration with those based in public organizations, such as the British Film Institute (BFI), who have a remit to reach a wider public. The discussion identifies various problems and successes experienced in collaboration between the academic, public and commercial sectors in the course of recent and ongoing research projects in TV studies.

The Subject in the Crowd: A Critical Discussion of Jodi Dean’s “Crowds and Party”

This article presents a critical discussion of Jodi Dean’s (2016) book “Crowds and Party”. I pay particular attention to her discussion of crowds and the Communist Party that is influenced by psychoanalysis. Dean has put forward an important argument for the affectivity within crowds that may be transformed into a Communist Party that is characterised by a similar affective infrastructure. I suggest that Dean’s discussion of affect is slightly vague at times and may be supplemented with Sigmund Freud’s work on affect. In contrast to Dean, who stresses the collectivity and deindividuation of the crowd, I argue that the crowd needs to be thought of as a place where individuality and collectivity come together and remain in tension. Such a tension may then be managed by the Party, as Dean illustrates.