Tara Mulqueen
University of Warwick, Law School, Faculty Member
- Birkbeck College, University of London, Law, Graduate Studentadd
- Philosophy, Social Sciences, Critical Theory, Social Economy, Social and Solidarity Economy and Development, Co-operatives, and 8 moreLegal History, Critical Legal Theory, Critical Legal Studies, Legal Theory, Legal Philosophy, Jean-Luc Nancy, Economic Justice, and Legal and Political Philosophyedit
- Peter Fitzpatrickedit
It is widely assumed that the more information surveillance apparatuses can collect about an individual, the less risk she poses. In this article, we examine how gender figures into and potentially disrupts the link between identity and... more
It is widely assumed that the more information surveillance apparatuses can collect about an individual, the less risk she poses. In this article, we examine how gender figures into and potentially disrupts the link between identity and security. Our analysis centers on one very particular event: the confusion that erupts at the airport when US Transportation Security Administration agents perceive a conflict between the gender marked on one’s papers, the image of one’s body produced by a machine, and/or an individual’s perceived gender presentation. Gender has been so deeply naturalized—as immutable, as easily apprehended, and as existing before and outside of political arrangements—for so long that its installation in identity verification practices largely goes unthought. In what follows, we describe how the two TSA programs, “Secure Flight” and “Advanced Imaging Technology,” operationalize gender differently. We examine what happens when different sources of knowledge about gender clash within the security assemblage of the airport. As part of state security apparatuses’ unceasing quest for more and better information, both programs securitize gender. We argue that the effects of gender’s unreliability as a measure of identity do not constitute a problem for the TSA but rather for the transgender individuals whose narratives, documents, and bodies reveal the category’s mutability. We conclude by suggesting that the securitization of gender at the airport is best understood as an assemblage.
Research Interests:
Reflecting on the Occupy movement, particularly Occupy Wall Street, this article begins by addressing two major questions: how are social movements understood by legal academics; and how do social movements engage with law? Our aim is to... more
Reflecting on the Occupy movement, particularly Occupy Wall Street, this article begins by addressing two major questions: how are social movements understood by legal academics; and how do social movements engage with law? Our aim is to present an alternative frame to understanding law and social movements. We draw on the work of Jean-Luc Nancy to explore law as both present and constituted in the coming together of persons in common which occurs in social movements. While the Occupy movement does engage with a form of law that is legislated and enacted through the government and legal system of a nation-state, the movement also forms and enacts law as part of its own processes. In this article we shift perspectives and attempt to think law within social movements. This involves a critical reading of some dominant approaches that explore social movements and law. Rather than situate our discussion within boundaries that seek to identify what is inside or outside a law and legal system that is determined and enforced by a nation-state (government and judicial system), our discussion of law involves a re-thinking of law. This law is part of a constant negotiation and it is involved in the dynamic processes of movements. Law involves establishing a limit and tracing this limit, but this limit is un-working itself as soon as it is constituted. The Occupy movements live law by existing not outside the law, but by rethinking the role and function of law in the movement and processes of community.