‘Is law a good idea?‘: Caution tales from radical sexual movements and human rights litigation
Many argue that non-normative identities, who do not align with dominant social and legal norms, should eschew encounter with law. Examples include non-traditional families, gender non-conforming individuals. On this view, law is unable to yield transformative effects or legal recognition is inherently dangerous. Gender studies have thus laid out an articulated critique to the ability of law to recognize complex identities, with law always ending up constraining a multifold matrix of identities. In the field of public international law, the difficulties vis-à-vis enforcement enhance skepticism towards law‘s effectiveness. On the other side, legal reform and litigation can be effective tools in bringing social change. They could do so not necessarily through their legal-technical force but through the discursive element injected into public discourse. The panel will offer an overview of the debate, by hosting different views and adopting an interdisciplinary and comparative perspective.