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SOSC 1350: Gender and the Law Midterm Exam Review

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Social Science
SOSC 1350
Julie Dowsett

SOSC 1350 Midterm Exam Definitions Cisgendered An individual who is cisgendered is someone whose selfperception of their gender matches the sex they were assigned at birth This is in contrast to transgendered individuals whose gender identity does not correspond to the gender they were assigned at birth Cisgendered individuals could fall under the mythical norm whereas transgendered individuals would not Common law Law common to all the part of English law that is derived from custom and judicial precedent rather than statutes Common law is significant because it involves greater equality than statute law since similar cases will have a similar verdict It adds an element of predictability into court decisionsCorbett In the case of Corbett v Corbett April Ashley Corbett was a postop trans woman MTF April was legally a woman Arthur sought to have his marriage to April declared nullified to avoid extensive payout The judge determined Aprils gender identity and surgery was irrelevant There was an expert medical testimony chromosome test the expert stated that sex fixed at birth and cannot be changed biology is everything Judge determined that chromosomes were most important thing so April was considered a man biological determinism and therefore the marriage had to be declared null This case was significant because it did not allow trans people to selfidentify and was clearly discriminatory Famous Five Five Canadian women who asked the Supreme Court of Canada to answer the question Does the word Persons in Section 24 of the British North America Act 1867 include female persons in the case Edwards v Canada The five women created a petition to ask this question They sought to have women legally considered persons so that women could be appointed to the Senate Their feminist advocacy was limited to liberal feminism the racism in their beliefs was problematic Gender betrayal An act committed by a person which seems to go against the behavior prescribed by their gender Female violence is an example of gender betrayal Since violence is seen as something that is inherently masculine it is seen as a breach of femininity when it is done by a woman The violence of women and girls is considered abnormal and deviant When violent men assault someone they break the law when women do it they break the law and betray their gender Both historically and in Canadian law betraying their gender is the greater offence and oftentimes women receive harsher sentences than men for cases involving violenceHegemonic Masculinity The term hegemony was popularized by Antonio Gramsci and understood to be the political economic cultural ideological power exerted by a dominant group over other groups This doesnt mean brute power or force control is achieved through consensus we consent to it being dominant or celebrated Hegemonic masculinity applies Gramscis understanding of hegemony to masculinity Hegemonic masculinity is defined through brute strength work in the paid labour market the subordination of women homophobic heterosexuality and the supposedly uncontrollable sexuality of men This is significant because it encourages men to live up to a problematic ideal and to strive to be a paradigm of hegemonic masculinity
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