From Functionality to Aesthetics: the Architecture of Transgender Jurisprudence
Abstract
This article examines the history of transgender jurisprudence from the beginnings of sexuality determined at birth, and sexuality determined by an assessment of functionality of sexual organs, to a move towards determination based on the aesthetics of sexual organs. Through this discussion on the theories of sexual determination, and an analysis of the relevant case law, the inequalities central to both sexism and homophobia are also explored.
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