Papers by sarah beresford
This article uses the debates surrounding the age of consent as a broad umbrella to question the ... more This article uses the debates surrounding the age of consent as a broad umbrella to question the continued usefulness of Queer Theory. The debates surrounding the age of consent illustrate that Queer Theory has not fulfilled its original promise and that it is not (and possibly never been), "fit for purpose". Towards the end of 2013, the topic of lowering the age of consent in England and Wales was once again much in the news. This article suggests that much of that debate focused expressly or impliedly on the age of which men and boys have sexual intercourse (whether gay or straight), rather than when people have sexual intercourse. Queer Theory (originating from feminism), was intended to be a liberating phenomenon, but contrary to these hopes and intentions, Queer Theory evolved to become synonymous with white gay men, thus denying its origins and becoming distinctly anti-feminist. Those who argue for a reduction in the age of consent have used (whether knowingly or not) an approach which is consistent with this evolved version of Queer Theory. Consequently, the debate on the age of consent has ignored, or given insufficient attention to, the effect(s) a lowering of the age of consent will have on girls and women. This article, therefore, seeks to question, disrupt and unsettle, what Queer Theory has become, suggesting that, in several significant aspects, it fails to fully acknowledge patriarchy; render (lesbian) women visible; acknowledge and accommodate the lived experiences of women.
Northern Ireland Legal Quarterly, 2020
Legal discourse constructs “truths”, not in relation to legal identity, but also in relation to o... more Legal discourse constructs “truths”, not in relation to legal identity, but also in relation to other categories of identity. This article is concerned with a small but important part of those “truths” – that of correctly performed gender identity. It does so by exploring how some legal judgments determine the property interests of cohabiting couples in constructive trusts. However, this paper is not about constructive trusts as such. Rather, it is an interrogation of law’s language which creates and perpetuates types of behaviour seen as legally relevant. It uses a Butlerian approach to offer an alternative way of conceptualising how an applicant seeking to establish a beneficial interest has to perform behaviours of a certain type (usually financial). Bringing a post-structuralist analysis to bear on this very traditional doctrinal area of law, the paper suggests that there is scope for legal discourse to re-evaluate what performances “count” when deciding upon proprietary interests.
Journal of GLBT Family Studies, 2016
England and Wales should have included non-consummation as grounds for annulment and adultery as ... more England and Wales should have included non-consummation as grounds for annulment and adultery as a fact of divorce. The absence of these two concepts is representative of a failure by law to fully accept the importance of equality. As such, the legislation will continue to perpetuate formal and substantive inequality resulting in the continued repression of women who marry women. This will have important ramifications for the citizenship of intimacy for such women to which rights, duties and obligations will attach. The legal ability of women who marry women to join the 'marriage club', as it is currently defined, will not queer or radically challenge marriage. Whilst it might have been 'easier' to abandon the concepts of consummation and adultery altogether, only widening the concepts of consummation and adultery to include same sex couples, would offer the potentiality to undertake a queering of marriage. To exclude these concepts risks perpetuating the idea that gay men and lesbians are not sexual beings. Given the heteropatriarchal nature of the concepts of adultery and consummation, this article specifically focuses upon how same sex marriage will affect women who marry women as opposed to what is commonly termed the LGBTQ community.
Liverpool Law Review, 2016
There continues to be legal invisibility of lesbians as sexual beings; in particular, for those l... more There continues to be legal invisibility of lesbians as sexual beings; in particular, for those lesbians who engage in BDSM. A cursory glance at work both within and outside of the academy gives the impression of increased social and legal acceptability for those who engage in BDSM. However, I suggest that this acceptance is illusory and that instead, gay men who engage in BDSM experience increased legal supervision and increased invisibility for lesbians. These issues are examined in the context of two seemingly disparate legal events. The first is the 30 year anniversary of Operation Spanner and the second is the introduction of the Audiovisual Media Services Regulations 2014. Amongst other things, the 2014 Regulations criminalise the portrayal of female ejaculation (but not male). Given this criminalisation of certain kinds of female sexual pleasure, the potentiality to significantly adversely impact upon lesbians is clear. 2017 will be the 30 year anniversary of Operation Spanner and the subsequent focus has been primarily upon gay male BDSM. I speculate as to the possible legal reaction(s) to a lesbian 'spanner' BDSM event. I speculate as to the legal reactions to an all-female BDSM dungeon.
Laws, 2014
This article uses the debates surrounding the age of consent as a broad umbrella to question the ... more This article uses the debates surrounding the age of consent as a broad umbrella to question the continued usefulness of Queer Theory. The debates surrounding the age of consent illustrate that Queer Theory has not fulfilled its original promise and that it is not (and possibly never been), "fit for purpose". Towards the end of 2013, the topic of lowering the age of consent in England and Wales was once again much in the news. This article suggests that much of that debate focused expressly or impliedly on the age of which men and boys have sexual intercourse (whether gay or straight), rather than when people have sexual intercourse. Queer Theory (originating from feminism), was intended to be a liberating phenomenon, but contrary to these hopes and intentions, Queer Theory evolved to become synonymous with white gay men, thus denying its origins and becoming distinctly anti-feminist. Those who argue for a reduction in the age of consent have used (whether knowingly or not) an approach which is consistent with this evolved version of Queer Theory. Consequently, the debate on the age of consent has ignored, or given insufficient attention to, the effect(s) a lowering of the age of consent will have on girls and women. This article, therefore, seeks to question, disrupt and unsettle, what Queer Theory has become, suggesting that, in several significant aspects, it fails to fully acknowledge patriarchy; render (lesbian) women visible; acknowledge and accommodate the lived experiences of women.
This article explores some of the legal and religious aspects of marriage and divorce in England ... more This article explores some of the legal and religious aspects of marriage and divorce in England and Wales and America. It argues that legal marriage and divorce (if it is to continue to exist as a legal concept), should be purely secular and civil. In other words, there should be no religious involvement of any kind at the formation or demise of a legally regulated relationship such as marriage. This article further suggests that the state and the law should not facilitate or promote religiosity in marriage or divorce, nor should religious marriages should have any legal force. Instead of continuing to encourage religiosity in marriage and divorce, Law should instead look to ways of strengthening the secularisation of marriage and divorce. View metadata, citation and similar papers at core.ac.uk
Liverpool Law Review, 2009
This paper argues that all adult intimate relationships should be regulated under one single stat... more This paper argues that all adult intimate relationships should be regulated under one single statute. This statute should be the Civil Partnership Act 2004 (which currently applies to same sex couples). The Matrimonial Causes Act 1973 (which applies to opposite sex couples), should be repealed; it should not be amended to include same sex couples. There would, as a consequence,
Journal of Social Welfare and Family Law, 2008
Law and legal judgments tell a story. However, this article is not about the story of the litigan... more Law and legal judgments tell a story. However, this article is not about the story of the litigants. It is, rather, an exploration of how legal judgments are an act of discourse and thus are about an identity creation of the legal 'self'. Legal discourse continues to create categories ...
Feminist Theory, 2008
... Subjects: K Law > KD England and Wales. Departments: Faculty of Arts & Social Sciences... more ... Subjects: K Law > KD England and Wales. Departments: Faculty of Arts & Social Sciences > Law School. ID Code: 967. Deposited By: Dr Sarah Beresford. Deposited On: 27 Apr 2009 09:01. Refereed?: Yes. Published?: Published. Last Modified: 31 Jan 2011 10:28. ...
... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences >... more ... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences > Law School. ID Code: 35181. Deposited By: Dr Sarah Beresford. Deposited On: 11 Jan 2011 10:56. Refereed?: Yes. Published?: Published. Last Modified: 28 Jan 2011 00:37. ...
New Oxford Companion to Law. Oxford University …, 2008
... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences >... more ... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences > Law School. ID Code: 35183. Deposited By: Dr Sarah Beresford. Deposited On: 11 Jan 2011 11:11. Refereed?: Yes. Published?: Published. Last Modified: 28 Jan 2011 00:37. ...
This thesis argues that the legal subject is unable to exercise control over their sexual and gen... more This thesis argues that the legal subject is unable to exercise control over their sexual and gender identity in law. In other words, I suggest that identity is controlled not by the individual, but by law. My focus is female gender and sexual identity with particular reference to lesbian sexual identity. I suggest that the legal 'meaning' given by law to the 'categories' of 'woman', 'mother' and 'lesbian' and so forth, are of central importance to law in its determination of 'identity'. I argue that this is a ACKNOW LEDGEM ENTS I would like to extend my sincere gratitude to the many people who have assisted me in the preparation of this thesis: my supervisor Dr. Michael Salter for his patience, advice, and support. In addition I would like to thank all the members of the Law Department at Lancaster University, particularly Dr. Julie Wallbank, Dr. Elena Loizidou, and one former member, Dr. Leslie Moran for their valuable comments. An earlier draft of part of chapter six was published in Legal Queeries (1998) Cassell: London. Earlier parts of chapter five have been published in [1994] Fam Law 643, and in Women, Power and Resistance (1996) Open University Press. I shall always owe a debt of gratitude to my family especially my mother Eve, and my Grandmother, Enid, for their unfailing personal support and encouragement. Finally, my deepest thanks belong to my partner, Alison, who was always there. This is for you.
Times Higher Education, 2007
... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences >... more ... Subjects: K Law > K Law (General). Departments: Faculty of Arts & Social Sciences > Law School. ID Code: 34828. Deposited By: Dr Sarah Beresford. Deposited On: 09 Dec 2010 11:53. Published?: Published. Last Modified: 01 Feb 2011 12:18. Identification Number: ...
FAMILY LAW-BRISTOL-, 1994
Legal Queries: Lesbian, Gay and Transgender Studies …, 1998
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Papers by sarah beresford