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.

Reflections of professional practice: using electronic discourse analysis networks (EDANs) to examine embedded business emails

Emails have become a central genre in business communication, reflecting both how people communicate and how they go about their professional practices. This chapter examines embedded business emails as reflections of the professional practices of the regulatory and policy department of a multinational based in London, UK. It argues that the nature of online communication in international organisations, with its high levels of intertextuality and interdiscursivity, requires multidimensional analytical approaches that are capable of capturing its complexity and dynamics. To this end, the chapter introduces electronic discourse analysis networks (EDANs) as one example of such approaches. It begins with a brief review of the literature that has informed the study reported on here before it discusses EDANs as its analytical framework. Using a group of embedded emails and a number of networked data sets, the chapter shows how EDANs can be used to further our understanding of professional online communication.

Muslims in Public and Media Discourse in Western Europe: The Reproduction of Aporia and Exclusion

This chapter scrutinizes the dominant public discourse in Western Europe. Drawing on examples from the UK, Germany, and France but also from the Netherlands, Denmark and Spain it illustrates the gradual transformation of discourse from an “exotic Islam” to a “threatening Islam” that endangers European values and safety and suggests that the combination of this “securitization” of Islam and the monopoly of the “Muslim voice” by radical Muslim activists leads to a vicious circle of misrecognition and enhancing the aporia of Europe's Muslims.