Queer Methodologies in the Study of Law: Notes about Queering Methods

Abstract

The notes I share in this article are the result of research conducted within the framework of the Doctoral Program in Rule of Law and Global Governance at the University of Salamanca. This research, based on a queer theoretical-epistemological approach, seeks to analyse and bring together the Spanish and Brazilian legal overviews regarding the recognition of trans rights, in view of reconstructing policies that contemplate the demands of trans movements. The starting point for my research is a depathologising and human rights perspective. In the first part of this article, I present the content of my investigation as well as its delimitation, object and objectives. Then, I address the difficulties that arise when bringing a queer analysis closer to the study of legislation, case law and public policies – as well as the strategies that can be developed from that. Finally, I present a series of suggestions to queer the study of law; that is, how to combine research methods to encompass different objectives and favour a trans/disciplinary dialogue, as well as how to embrace existing contradictions in a critical legal investigation.