Overview

When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. For instance, queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence. Feminist theories focus on violence but often don’t give recognition to the joy of sexuality. To assess the possibility of devising a legal theory of sexuality that can ensure equality without assimilation, diversity without exclusion, and liberty without suffering, Elaine Craig examines the Supreme Court of Canada’s approach to sexuality in cases that range from sexual violence to discrimination based on orientation. Although the Court continues to hold an essentialist understanding of sexuality that renders certain harms invisible, its feminist-inspired approach to sexual violence recognizes the socially constructed nature of sexuality and produces legal reasoning that promotes sexual integrity as a common interest. Blending feminist theory with the inclusiveness of queer theory, Craig advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.

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9780774821810

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Reviews

In this ambitious and thought-provoking work, Craig pulls into conversation the divergent threads in the Supreme Court's exploration of sexuality: sexual assault, sexual expression, sexual harassment, sexual equality. She makes visible the tensions present in law's struggles to distinguish between good sex and bad sex, public sex and private sex, dominant sexual practices and minority sexual practices, assimilation and tolerance, suffering and desire. Drawing on theoretical resources from across the spectrum, Craig offers a refreshingly iconoclastic approach to pressing political and moral questions about sexual integrity as a common good. - Rebecca Johnson, Faculty of Law, University of Victoria

In this ambitious and thought-provoking work, Craig pulls into conversation the divergent threads in the Supreme Court's exploration of sexuality: sexual assault, sexual expression, sexual harassment, sexual equality. She makes visible the tensions present in law's struggles to distinguish between good sex and bad sex, public sex and private sex, dominant sexual practices and minority sexual practices, assimilation and tolerance, suffering and desire. Drawing on theoretical resources from across the spectrum, Craig offers a refreshingly iconoclastic approach to pressing political and moral questions about sexual integrity as a common good.<br> - Rebecca Johnson, Faculty of Law, University of Victoria

Author Information

Elaine Craig is an assistant professor in the Schulich School of Law at Dalhousie University.

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