Richard Ekins

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights Through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

"Dave King and Richard Ekins are the leading world sociologists in this field. The book brings together a brilliant synthesis of history, case studies, ideas and positions as they have emerged over the past thirty years, and brings together a rich but always grounded account of this field, providing a state of the art of critical concepts and ideas to take this field further during the twenty first century." - Ken Plummer, University of Essex "An outstanding survey of the evolution of trans phenomena, splendidly written, highly informative, scholarly at its best, yet easy to read even for those neither trans nor sociologist. Ekins and King, experts in the field, unroll the panoramas of sex, gender, and transgendering that have evloved during the last decades. For everyone wanting to understand the interaction of women and men and of those who cannot or will not identify with either of these two cataegories, reading this book is a must, and a real pleasure." - Friedmann Pfaefflin, University of ULM This groundbreaking study sets out a framework for exploring transgender diversity for the new millennium. It sets forth an original and comprehensive research and provides a wealth of vivid illustrative material. Based on two decades of fieldwork, life history work, qualitative analysis, archival work and contact with several thousand cross-dressers and sex-changers around the world, the authors distinguish a number of contemporary transgendering 'stories' to illustrate: The binary male/female divideThe interrelations betwen sex, sexuality and genderThe interrelations between the main sub-processes of transgendering. Wonderfully insightful, The Transgender Phenomenon develops an original and innovative conceptual framkework for understanding the full range of the transgender experience.

"Dave King and Richard Ekins are the leading world sociologists in this field. The book brings together a brilliant synthesis of history, case studies, ideas and positions as they have emerged over the past thirty years, and brings together a rich but always grounded account of this field, providing a state of the art of critical concepts and ideas to take this field further during the twenty first century." - Ken Plummer, University of Essex "An outstanding survey of the evolution of trans phenomena, splendidly written, highly informative, scholarly at its best, yet easy to read even for those neither trans nor sociologist. Ekins and King, experts in the field, unroll the panoramas of sex, gender, and transgendering that have evloved during the last decades. For everyone wanting to understand the interaction of women and men and of those who cannot or will not identify with either of these two cataegories, reading this book is a must, and a real pleasure." - Friedmann Pfaefflin, University of ULM This groundbreaking study sets out a framework for exploring transgender diversity for the new millennium. It sets forth an original and comprehensive research and provides a wealth of vivid illustrative material. Based on two decades of fieldwork, life history work, qualitative analysis, archival work and contact with several thousand cross-dressers and sex-changers around the world, the authors distinguish a number of contemporary transgendering 'stories' to illustrate: The binary male/female divideThe interrelations betwen sex, sexuality and genderThe interrelations between the main sub-processes of transgendering. Wonderfully insightful, The Transgender Phenomenon develops an original and innovative conceptual framkework for understanding the full range of the transgender experience.

The glamour of transvestite fashion is the epitome of 90s style, but the significance of cross-dressing and sex-changing goes much deeper than the annals of fashion. Ekins vividly details the innermost desires and the varied practices of males who wear the clothes of women for the pleasure it gives them (cross-dressers), or who wish to change sex and are actively going about it (sex-changers). This unique and fascinating book transforms an area of study previously dominated by clinical models to look instead at cross-dressing and sex-changing as a highly variable social process. Giving precedence to the processual and ermergent nature of much cross-dressing and sex-changing phenomena, the book traces the phased femaling career path of the 'male femaler' from 'beginning femaling' through to 'consolidating femaling'. Based upon seventeen years of fieldwork, life history work, qualitative analysis, archival work and contact with several thousand cross-dressers and sex-changers, the book meticulously and systematically develops a theory of 'male femaling' which has major ramifications for both the field of 'transvestism' and 'transsexualism', and for the analysis of sex and gender more generally. Male-Femaling provides social and cultural theorists with a lively case study for the generation of new theory. Social psychologists and sociologists interested in seeing grounded theory applied to a particular case study will be well rewarded. It will be essential reading for students of gender studies who seek to explore the interrelations between sex, sexuality and gender from the informants' point of view.

The glamour of transvestite fashion is the epitome of 90s style, but the significance of cross-dressing and sex-changing goes much deeper than the annals of fashion. Ekins vividly details the innermost desires and the varied practices of males who wear the clothes of women for the pleasure it gives them (cross-dressers), or who wish to change sex and are actively going about it (sex-changers). This unique and fascinating book transforms an area of study previously dominated by clinical models to look instead at cross-dressing and sex-changing as a highly variable social process. Giving precedence to the processual and ermergent nature of much cross-dressing and sex-changing phenomena, the book traces the phased femaling career path of the 'male femaler' from 'beginning femaling' through to 'consolidating femaling'. Based upon seventeen years of fieldwork, life history work, qualitative analysis, archival work and contact with several thousand cross-dressers and sex-changers, the book meticulously and systematically develops a theory of 'male femaling' which has major ramifications for both the field of 'transvestism' and 'transsexualism', and for the analysis of sex and gender more generally. Male-Femaling provides social and cultural theorists with a lively case study for the generation of new theory. Social psychologists and sociologists interested in seeing grounded theory applied to a particular case study will be well rewarded. It will be essential reading for students of gender studies who seek to explore the interrelations between sex, sexuality and gender from the informants' point of view.

First published in 1995, the book describes personal experiences of those who cross-dress and sex change, how they organise themselves socially - in both `outsider' and `respectable' communities. The contributors consider the dominant medical framework through which gender blending is so often seen and look at the treatment afforded gender blending in literature, the press and the recently emerged telephone sex lines. The book concludes with a discussion of the lively debates that have taken place concerning the politics of transgenderism in recent years, and examines its prominence in recent contributions to contemporary cultural theory and queer theory.

First published in 1995, the book describes personal experiences of those who cross-dress and sex change, how they organise themselves socially - in both `outsider' and `respectable' communities. The contributors consider the dominant medical framework through which gender blending is so often seen and look at the treatment afforded gender blending in literature, the press and the recently emerged telephone sex lines. The book concludes with a discussion of the lively debates that have taken place concerning the politics of transgenderism in recent years, and examines its prominence in recent contributions to contemporary cultural theory and queer theory.

The Politics of Authenticating: Revisiting New Orleans Jazz sets forth an entirely new approach to the study of authenticity, based not upon a search for finding the ‘true’ meaning of the concept or ‘unmasking’ its claims. Rather, it details a grounded theory of ‘authenticating’ as a basic socio-political process, important in understanding the origins, development and consequences of competing knowledge claims in diverse areas of human experience and activity over time and place. The book is part jazz historiography, part autoethnography, and part memoir. It details Richard Ekins revisiting of the quest for authenticity in the social worlds of international New Orleans revivalist jazz from the early 1960s onwards, from his standpoint as a social constructionist social scientist and cultural theorist. The book grew out of a series of long, detailed conversations between Ekins and his interlocutor (Robert Porter) and captures the energy and dynamism of these exchanges in the writing of the text, providing what the authors call a ‘riff methodology’ that might be drawn on by other scholars concerned to write books that revisit aspects of their personal and professional lives.