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.

Sociological Knowledge and Transformation at ‘Diversity University’, UK

This chapter is based on a case study of one UK university sociology department and shows how sociology knowledge can transform the lives of ‘non-traditional’ students. The research from which the case is drawn focused on four departments teaching sociology-related subjects in universities positioned differently in UK league tables. It explored the question of the relationship between university reputation, pedagogic quality and curriculum knowledge, challenging taken-for-granted judgements about ‘quality’ and in conceptualising ‘just’ university pedagogy by taking Basil Bernstein’s ideas about how ‘powerful’ knowledge is distributed in society to illuminate pedagogy and curriculum. The project took the view that ‘power’ lies in the acquisition of specific (inter)disciplinary knowledges which allows the formation of disciplinary identities by way of developing the means to think about and act in the world in specific ways. We chose to focus on sociology because (1) university sociology is taken up by all socio-economic classes in the UK and is increasingly taught in courses in which the discipline is applied to practice; (2) it is a discipline that historically pursues social and moral ambition which assists exploration of the contribution of pedagogic quality to individuals and society beyond economic goals; (3) the researchers teach and research sociology or sociology of education - an understanding of the subjects under discussion is essential to make judgements about quality. ‘Diversity’ was one of four case study universities. It ranks low in university league tables; is located in a large, multi-cultural English inner city; and, its students are likely to come from lower socio-economic and/or ethnic minority groups, as well as being the first in their families to attend university. To make a case for transformative teaching at Diversity, the chapter draws on longitudinal interviews with students, interviews with tutors, curriculum documents, recordings of teaching, examples of student work, and a survey. It establishes what we can learn from the case of sociology at Diversity, arguing that equality, quality and transformation for individuals and society are served by a university curriculum which is research led and challenging combined with pedagogical practices which give access to difficult-to-acquire and powerful knowledge.