After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.
Richard F. Storrow,
Naming the Grotesque Body in the "Nascent Jurisprudence of Transsexualism",
Mich. J. Gender & L.
Available at: http://repository.law.umich.edu/mjgl/vol4/iss2/3