Queer theory explores different categories of sexuality, sexual identities and the hierarchical relationships between them. Its interests lie in determining how the categories of sexuality form and how one category becomes the dominant one, i.e. the formation of normative and deviant. Queer theory by itself sees no purpose in defining all categories of sexuality that already exist. However, its intention is to challenge the beliefs regarding sexuality in every society and show the instability of the referential system defining categories by uncovering its inner inconsistencies through ironic and parodic interpretations. In times of raising awareness of sexual identities, which are marginalized in society and law, it can serve as an appropriate and relevant tool to analyse legal texts and norms. It can also be treated as a flexible legal theory which can provide a broad critique regarding the regulation of sexuality. Nevertheless, it is still relatively unknown in the Slovenian law sphere compared to other critical theories of law. The aim of this thesis is thus to introduce queer theory and its attitude towards law. The first part consists of a general theoretical overview presenting the theoretical grounds and typical claims of queer theory. The second part explains the position of queer theory compared to other legal theories and gives an example of a queer view on chosen parts of Slovenian legislation.
|
