3 resultados para Productive agents
em WestminsterResearch - UK
Resumo:
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.
Resumo:
Much recent commentary on citizen media has focused on online platforms as means through which citizens may disseminate self-produced media content that challenges dominant discourses or makes visible hidden realities. This chapter goes beyond a concern with media content to explore the much broader range of socially situated practices that develop around citizen media. Drawing on Couldry’s proposal for a practice paradigm in media research, it suggests shifting the focus from ‘citizen media’ to ‘citizen media practices’ and demonstrates, through a case study of communication activism in the World Social Forum, how this framework can bring into view a broad range of citizen media practices (beyond those directly concerned with the production and circulation of media content), the different forms of agency that such practices make possible, and the social fabric they can help generate. I conclude by arguing that a practice framework necessitates a rethink of the way that the concept of (counter-) publics is used in the context of citizen media. Citizen media practices of the kind described here can be understood not only as practices of ‘making public’ previously unreported issues and perspectives, but as practices of public¬-making: practices that support the formation of publics.