Overview
Takes an interdisciplinary approach, dealing with law, language, ‘legal sex’, and social as well as intellectual history
Analyses the interplay between ordinary language legal reasoning, 'common sense' judgements, and more nuanced biomedical realities
Considers the legacy of Corbett in current debates about legal sex, including the nature and potential role of self-classification
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Table of contents (6 chapters)
Keywords
About this book
This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality.
Authors and Affiliations
About the author
Christopher Hutton is Chair Professor in the School of English at the University of Hong Kong. His research concerns the history of linguistics within the history of ideas, in particular the relationship between linguistics and race theory, and linguistics and fascism. In the last decade he has been working on the politics of language and interpretation in the context of the law, focusing on the classification of objects, acts, animals and people.
Bibliographic Information
Book Title: The Tyranny of Ordinary Meaning
Book Subtitle: Corbett v Corbett and the Invention of Legal Sex
Authors: Christopher Hutton
DOI: https://doi.org/10.1007/978-3-030-20271-2
Publisher: Palgrave Macmillan Cham
eBook Packages: Social Sciences, Social Sciences (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019
Hardcover ISBN: 978-3-030-20270-5Published: 03 July 2019
Softcover ISBN: 978-3-030-20273-6Published: 14 August 2020
eBook ISBN: 978-3-030-20271-2Published: 21 June 2019
Edition Number: 1
Number of Pages: VIII, 187
Topics: Language and Gender, Gender, Sexuality and Law, Applied Linguistics, Semantics, Self and Identity