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Cultural Harm: ‘trans fraud’, ‘gender deception’ and zero-sum games

Boukli, Avi and Copson, Lynne (2019). Cultural Harm: ‘trans fraud’, ‘gender deception’ and zero-sum games. Justice, Power and Resistance, 3(2) (In Press).

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Abstract

In recent years zemiology has emerged to pose key questions about the ways in which social harm emerges from non-criminalised deleterious acts, from criminalisation processes and from the everyday workings of our socioeconomic systems. This article both explores and contributes to the zemiological perspective by focusing specifically on developing the notion of cultural harm, as one aspect of social harm. Utilising the examples of (i) the Gender Recognition Act 2004, (ii) a case of ‘trans fraud’ and imprisonment, (iii) and three legal cases involving ‘gender deception’, it explores the limitations of zero-sum approaches to recognising harm. In doing so, the article develops a typology of cultural harm that enables us to move beyond current conflicting claims to harm and begin to identify alternatives that better recognise and address all forms of harm, including those imposed by the hegemonic cis-hetero-patriarchal structures.

Item Type: Journal Item
Copyright Holders: 2019 The Authors
ISSN: 2398-2764
Keywords: cultural harm; zemiology; transgender; 'gender fraud'
Academic Unit/School: Faculty of Arts and Social Sciences (FASS) > History, Religious Studies, Sociology, Social Policy and Criminology > Social Policy & Criminology
Faculty of Arts and Social Sciences (FASS) > History, Religious Studies, Sociology, Social Policy and Criminology
Faculty of Arts and Social Sciences (FASS)
Research Group: Citizenship and Governance
Harm and Evidence Research Collaborative (HERC)
Item ID: 60752
Depositing User: Avi Boukli
Date Deposited: 30 Apr 2019 14:39
Last Modified: 17 Jul 2019 04:45
URI: http://oro.open.ac.uk/id/eprint/60752
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