Law

Law, Gender and Sexuality (Aut)

Module code: M3017
Level 6
15 credits in autumn semester
Teaching method: Seminar
Assessment modes: Essay

This module examines the role of law in shaping and regulating gender and sexuality. It will explore:

  • the idea of gender
  • the idea of sexuality
  • their respective constructions in the circumstances of contemporary society (but as derived from their histories).

It will consider broad thematic issues such as:

  • equality (in the context of differences in sex and sexual orientation)
  • privacy and the significance of the public/private divide where issues of gender and sexuality arise
  • the arrival of fundamental rights jurisprudence in relation to gender and sexuality.

It will also reflect on substantive areas of law where distinctions of gender and sexuality have significant consequences. These will include areas of:

  • family law (like marriage and the legal frameworks that govern the conception and rearing of children)
  • employment law (like equal pay, parental leave, and discrimination)
  • the law relating to the (selective) provision of public or commercial services (medical treatment, hotel accommodation, etc.).

This module will look at how gender and sexuality influence the details of the law and how the law shapes ideas about gender and sexual identity in society. While it will mainly focus on traditional legal sources like court cases, laws, and legal writings, it will also take into account changes in gender and sexuality politics, as well as feminist and queer theory.

Module learning outcomes

  • Demonstrate a critical and reflective understanding of the theory relating to the social construction of gender and sexuality.
  • Explain and critically assess the way in which (particular) rules of law are engaged in the regulation of gender and sexuality.
  • Critically analyse and consider number of instances of substantive law in which issues of gender and sexuality are significant.
  • Carry out independent study and research using a range of legal and social science materials.