In States of Passion: Law, Identity and the Social Construction of Desire, Professor Yvonne Zylan explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. States of Passion argues that laws power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. States of Passion contends that those states of passion we experience in our daily lives as particularly significant-to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates-increasingly have as much to do with the state as they do with passion.
| Acknowledgments |
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vii | |
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1 | (17) |
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I Contextualizing Doctrine |
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6 | (8) |
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14 | (2) |
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16 | (2) |
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2 Desiring the Discipline of Law |
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18 | (46) |
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I Some of the Many Appealing Qualities of Homosex |
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18 | (3) |
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II Theorizing Law and Society |
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21 | (12) |
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III Law and Identity Politics |
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33 | (5) |
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38 | (19) |
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V The Framework (In a Nutshell |
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57 | (7) |
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3 Beyond the Binary Matrix: Theorizing the Social Construction of Sexuality |
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64 | (41) |
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I How to Theorize Sex Without Really Trying |
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66 | (5) |
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71 | (16) |
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87 | (11) |
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IV The Erotics of the Possible |
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98 | (7) |
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4 I Hate the Way You Make Me Feel: Anti-Gay Hate Crime Laws and the Analytics of Emotion |
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105 | (52) |
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I A History of Anti-Gay Hate Crime Legislation |
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111 | (5) |
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II Justificatory Narratives and the Policy Environment of Anti-Gay Hate Crime Law |
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116 | (32) |
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III Discipline and Punish |
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148 | (9) |
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5 Same-Sex Sexual Harassment and the Categorical Imperatives of Identity |
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157 | (45) |
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I Prohibiting Sexual Harassment Via Title VII of the 1964 Civil Rights Act (It Seemed Like a Good Idea at the Time) |
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160 | (8) |
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168 | (17) |
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III The Imperatives of Identity: Categorizing Desire |
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185 | (5) |
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IV Going Another Way (But Feeling the Sting of the Bootstrap) |
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190 | (5) |
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195 | (7) |
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6 Aspiring to Be Iowan: Same-Sex Marriage and the End of Gayness As We Know It |
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202 | (66) |
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I Same-Sex Marriage Litigation Comes Out |
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211 | (9) |
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II A Loving Inquiry into the Nature of Marriage |
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220 | (20) |
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III Erasing Gayness, Take One: Cleburne and Relevancy |
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240 | (15) |
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IV Erasing Gayness, Take Two: Naming, Claiming, and Shaming |
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255 | (13) |
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268 | (11) |
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I States of Passion: The Social Construction of Desire in the Law of Homosex |
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270 | (5) |
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II Longing for a Different Longing |
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275 | (4) |
| References |
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279 | (28) |
| Index |
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307 | |
Yvonne Zylan, Associate Professor of Sociology, earned a B.A. in East Asian Studies from Yale University, a Ph.D. in sociology from New York University and a juris doctor from the University of San Diego School of Law. She has published articles in the Michigan Journal of Gender & Law, the Michigan Journal of Law Reform, Gender & Society, Social Forces, the American Journal of Sociology, American Sociological Review, and Signs: Journal of Women in Culture and Society. Prof. Zylan's areas of scholarship include law and society, sexuality, social theory, political sociology, and the state and social policy. Her current work is centrally concerned with feminist theory and praxis, and addresses the social construction of sex, gender, and the body in and through legal discourse.
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