Zombie Law: Conjugality, Annulment, and the (Married) Living Dead [Book Review]

Feminist Legal Studies 22 (1):49-66 (2014)
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Abstract

This article deploys and extends Ulrich Beck’s critique of ‘zombie categories’ :261–277, 2001) to consider how conjugal relationships are brought into being before the law. The argument presented here is that sexual performatives relating to marriage—and especially, in this instance, consummation—continue to produce a kind of social-legal magic, even as the social flesh of their enactment is rotting. Rules concerning annulment relating to wedding ceremonies, consent, disclosure, and consummation demonstrate that certain frameworks of conjugality involve a kind of corporeal magic animating the privileged place of heterosexual marriage. Thus, rules and regulations pertaining to weddings continue to produce and protect heterogendered, sexually dimorphous bodies, even though this privileging is—or at least, is becoming—socially obsolete

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Citations of this work

Judging in Marriage’s Shadow.Robert Leckey - 2018 - Feminist Legal Studies 26 (1):25-45.

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References found in this work

How to do things with words.John L. Austin - 1962 - Oxford [Eng.]: Clarendon Press. Edited by Marina Sbisá & J. O. Urmson.
How performatives work.John R. Searle - 1989 - Linguistics and Philosophy 12 (5):535 - 558.
Women and consent.Carole Pateman - 1980 - Political Theory 8 (2):149-168.

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