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dc.contributorFaculty of Law
dc.contributorDoctor in the Science of Law
dc.contributorRebecca Johnson
dc.contributorAldo Chircop
dc.contributorRichard Devlin
dc.contributorStephen Coughlan
dc.contributorRonalda Murphy
dc.contributorNot Applicable
dc.contributorNot Applicable
dc.contributorYes
dc.contributor.authorCraig, Elaine
dc.date.accessioned2019-11-05T05:20:56Z
dc.date.available2019-11-05T05:20:56Z
dc.date.created2016-02-05 12:09
dc.date.issued2010-08-17
dc.identifieroai:DalSpace.library.dal.ca:10222/12997
dc.identifierhttp://hdl.handle.net/10222/12997
dc.identifier.urihttp://hdl.handle.net/20.500.12424/3642410
dc.description.abstractThis thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian rights, the occurrence of sexual harassment, or the sexual abuse of children. However, there is an exception to this trend. The exception relates to the Court’s conceptual approach towards sexual violence against adults. The research revealed, likely as a result of feminist activism both in the legislative and judicial arenas, that there has been a shift in the way that the Court understands sexuality in the context of sexual violence. It is a shift away from understanding it as pre-social and naturally occurring towards understanding it as a product of society, as a function of social context. This change in the Court’s conceptual approach towards sexual violence has engendered a shift in the law’s moral focus as well – a shift away from a moral focus on specific sexual acts and sexual propriety and towards a moral focus on sexual actors and sexual integrity. The thesis weaves together the analytical observations about the jurisprudence just described with a theoretical argument that is both grounded in the case law and which draws upon a number of different theorists. The argument developed suggests that the Court, regardless of the legal issue involved, ought to conceptualize sexuality as socially constructed/ contextually contingent, that it ought to orient itself towards protecting sexual integrity, and that it ought to understand this sexual integrity as a common interest.
dc.languageen
dc.language.isoeng
dc.subject"law and sexuality", "sexual assault", "similar fact evidence", "sexual minority rights", "sexual expression", labaye, "queer theory", "post-modern feminism", pornography, "sex work", "legal theory", prostitution
dc.titleSex and the Supremes: Towards a Legal Theory of Sexuality
ge.collectioncodeOAIDATA
ge.dataimportlabelOAI metadata object
ge.identifier.legacyglobethics:6338600
ge.identifier.permalinkhttps://www.globethics.net/gel/6338600
ge.lastmodificationdate2016-03-21 11:49
ge.submissions0
ge.oai.exportid148650
ge.oai.repositoryid5008
ge.oai.setnameFaculty of Graduate Studies Online Theses
ge.oai.setnameFaculty of Graduate Studies Online Theses
ge.oai.setspeccom_10222_10559
ge.oai.setspeccol_10222_11163
ge.oai.streamid2
ge.setnameGlobeEthicsLib
ge.setspecglobeethicslib
ge.linkhttp://hdl.handle.net/10222/12997


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