Leslie J. Moran

Violence, identity and policing The Case of violence against transgender people

The call by transgender people for the police to take violence against them more seriously has some familiar attributes. In general it is a violence characterized as hate crime. Transgender activism has highlighted many problems, for example, under-reporting, lack of trust and confidence in policing, lack of police recognition, low detection rates, clear up rates and infrequent judicial determinations of guilt. This activism might be characterized as another instance of identity politics emerging within the field of policing and criminal justice. While we welcome its emergence some scholars have been critical of the impact of identity politics upon policing and criminal justice bodies, suggesting it promotes further social and community divisions. Although we share some of these concerns, in this article we argue that these problems are the effect of particular assumptions about the nature of identity. We offer an analysis of identity politics that seeks to challenge this position, as well as an analysis of empirical data of transgender experiences of violence and insecurity arising out of research undertaken in Sydney, Australia. Our analysis exposes the multiple and simultaneous operation of many different social and cultural divisions at work in the context of transgender identity. We explore the significance of this approach to identity for policing.

The homosexual(ity) of law

This text offers an understanding of the histories of the contemporary legal tradition and their current operation using specific examples, such as the Ive read this is slowly already has always. Nuff said the implementation of homosexuality, is most people I think him as well? As much more and didnt choose not save ur transgressions so how. Ten to take a pushback from this nation the times. I was introduced for equality isnt an agenda such laws and am 100 years.

The formation of fear in gay space: the ‘straights' story:

It is well-known that lesbians and gay men have long been produced and examined as objects of fear. However, this article analyses lesbians and gay men as subjects of fear. This paper offers an exploration of the formation and uses of fear in the context of lesbian and gay experiences of danger and safety associated with violence. In so doing it explores the politics and geography of fear that inform lesbian and gay perceptions of danger and safety. The evidence provided is based upon an analysis of an established and a non-established arena of lesbian and gay performance and visibility/invisibility.

Judging pictures: a case study of portraits of the Chief Justices, Supreme Court of New South Wales

This essay is about portraits: judicial portraits. It offers a case study of the interface between law and visual culture. Its object of enquiry is a collection of pictures (painted and photographic), depicting the sixteen Chief Justices of the Supreme Court of New South Wales, Australia, from 1824 to the present day. The original paintings hang in the Banco Court, Sydney. The photographs and digital copies of all the images are on the Court’s website. Beginning with a brief review of socio-legal scholarship on the judiciary, the essay explores existing work on the visual image of the judge. In response to the limitations of that research, the paper turns to art historical scholarship to facilitate an analysis of the aesthetic and technological factors (the continuities and changes) that shape and generate the meaning of these judicial images. It explores the relevance of context upon meaning. The paper demonstrates a number of methodological approaches and reflects upon the contribution that a study of judicial pictures may make to socio-legal scholarship.

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garlands recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garlands ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garlands work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garlands analysis and to reflect upon the challenges raised by his insights into contemporary crime control.

Judicial Bodies as Sexual Bodies: A Tale of Two Portraits

An examination on sexual diversity in the Australian judiciary is presented. The issue is examined in the context of visual images of the judiciary, particularly the visual language used in creating judicial images. The focus is on two portraits of Justice Michael Kirby, one of the longest serving judges of the High Court of Australia, by artists Ralph Heimans and Josonia Palaitis.

Researching the irrelevant and the invisible Sexual diversity in the judiciary

Early in the course of undertaking empirical research on the sexual diversity of the judiciary I had to address a particular challenge. Sexuality, I was repeatedly told, is not and ought not to be a difference that is taken into account. At best it ought to be disregarded or taken out of consideration. This generated a number of challenges for my research. How do you research and make sense of sexuality as a difference that key informants assert is absent or seek to make invisible and irrelevant? How do you research the operation and effects of that which is not to be spoken about? How do you research the sexual norm when its existence and operation is denied? This article explores one response. It is a project that may for some be surprising and unexpected. It is a study of judicial portraits. Drawing on the insights of queer theory and art historical scholarship on portraits I undertake a textual analysis of these images, focusing upon the aesthetic and artistic traditions used to make them. A small case study of portraits of the Chief Justices of the Supreme Court of New South Wales is used to explore how, if at all, sexuality figured in these portraits

The Queen’s Peace: Reflections on the Spatial Politics of Sexuality in Law

Book synopsis: Explores the relationship between law and geography Diverse contributions in terms of subject matter and methodology Responds to globalization by examining the legal importance of scale, territory, identity and sense of place

Homo Legalis: Lesbian and Gay in Legal Studies

Book synopsis: This timely book seeks to demonstrate the coherence of lesbian and gay studies. It introduces the reader to the principal inter-disciplinary approaches in the field and critically assesses their strengths and weaknesses whilst asking: What is lesbian and gay studies? When did it emerge? And what are its achievements and research agenda? The gay and lesbian movement has emerged as a major political and cultural force. It poses a series of far reaching questions about the organization of identity, the operation of power and the limits of tolerance. Lesbian and Gay Studies has emerged as a vital and enriching field. It offers challenges to more traditional disciplines and requires new forms of thought about the connections between academic work and personal politics.

Forming sexualities as judicial virtues

This article explores the formation of sexuality in the institution of the judiciary. Its object of study is an archive made up of the texts of swearing in ceremonies of newly appointed judges of the Supreme Court of New South Wales, Australia. The texts, records of public events, demonstrate a remarkable consistency of general content and tone. They take the form of what might best be described as life writing (biography and autobiography). They have a strong hagiographic quality. Dedicated to writing the life of the newly appointed judge, they are a particular form of life writing devoted to the portrayal of state officials. As such they have a double function formulating and fashioning the subject not only as an exemplary individual life but also as a subject that embodies the virtues of the judicial institution. Each swearing-in document offers a textual portrait that makes and makes public the values and virtues of the institution of the judge. An important context for this study is an earlier empirical research project on sexual diversity in the judiciary. Key informants in that research advised me that sexuality was unlike the other strands of diversity. It was described as a personal and a private matter: strictly extra judicial. The primary objective of this essay is to explore how, if at all, sexuality is made in these public judicial ceremonies and texts, and more specifically, how the subject’s sexuality is figured as an institutional ideal, as a judicial virtue. In undertaking this task the analysis will also examine some aspects of the role of gender in the formation of the judicial subject as a sexual subject.