Gender: From Theory to Law
Gender came gradually but with increasing visibility into the law, with a considerable spread in the international legal sphere. Initially there is only the explicit reference to ‘sex’, in the general meaning of sexual identity, as an unjustified reason f
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Laura Palazzani
Gender in Philosophy and Law
123
Laura Palazzani Department of Law Lumsa University Rome Italy
Translated by Prof. Victoria Bailes and Marina Fella
ISSN 2192-855X ISBN 978-94-007-4990-0 DOI 10.1007/978-94-007-4991-7
ISSN 2192-8568 (electronic) ISBN 978-94-007-4991-7 (eBook)
Springer Dordrecht Heidelberg New York London Library of Congress Control Number: 2012942023 This is a translation from Italian G. Giappichelli Editore s.r.l. Sex/gender: gli equivoci dell’uguaglianza, Torino, Giappichelli, 2011 Ó The Author(s) 2012 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Introduction
‘Gender’ denotes both the conceptual category referring to things or persons that have essential properties in common and that differ in inessential properties (analogously to kind, species, class, type, from the Latin genus), and the grammatical category distinguishing between masculine and feminine (in some languages from neuter too). In the first meaning ‘gender’ refers to human kind; in the second to male/female distinction. At a linguistic and semantic level the structural ambiguity of the term is evident, as it can be used both to indicate the individuals belonging to the human species (insofar as po
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