Law as an exclusive or inclusive normativity and discourse

prescriptive contents, juridical narratives, and translation frames in gender issues

Abstract

Regarding law as a necessarily exclusive and/or inclusive discourse, and the juridical text as a specific narrative expression of certain fractional form(s) of life, the continuously required translation of the meaning(s) and intention(s) of each word within it allows for innumerable different possibilities, according to the interpretive communities in presence and to the different identities they assume and express. Conceiving, therefore, the meanings of law and of the juridical materials and the intentions of legal thinking as multipolar conglomerates of partial convictions and understandings.
Exemplarily, some contemporary Feminist Jurisprudences and LGBT-GNCcrits, as derivations of the so-called third Critical Legal Scholar’s generation, in militant empowering sights, face law as an originally and intentionally exclusive normativity and discourse. Involving specific identity deflections in the definition of juridical intersubjectivity, and in the meaning, intent, and content of law, in order to get the recognition of some partially affirmed inclusive normativity and discourse. And, therefore, requiring specific juridical narratives, and translation frames, within prescriptive contents, both substantively – in the answers offered by law to gender problems and to subjects of different gender identity – and linguistically – in the concomitantly mobilised vocabulary and interpretation. Which offer new components and delimitations to the notion of subject of law, transferring the core of the discussion on the meaning(s) and content(s) of law from comparability and tertiality to incomparability and singularity… Drawing alternative images, and distinct statements, on identity and difference, beyond equality, as intrinsic features of law – subjectively, in the meaning and structure of the concept of juridical person, and, objectively, in the meaning and structure of juridical normativity and discourse.