Open access
THE POSTGENDER FUTURE OF THE RULE OF LAW
Waldemar Hoff1
Publication language: English
Journal article
Transformations No. 4 (119) 2023, Publication date: 29 December 2023
Keywords: postgender, non-binary, transition, women, law, equality
Abstract This article aims to assess the consequences of the postgender movement on the rule of law. It asserts that, despite small number of non-binary population, postgenderism serves as a litmus test for the functioning of the rule of law. On the one hand, its expansion constitutes the right move in the ongoing process of protecting human dignity. On the other hand, the advances of gender-related legislation, resting on emotional claims rather than solid science, reveal a deficit of rationality in making laws. Postgenderism profoundly affects the entire legal and political system. It is in the process of undermining the axiological foundations of binary-oriented legal culture which has given rise to discrimination laws concerning the position of women. By increasing the number of potential stakeholders in the legal infrastructure it has increased competition for the access to justice and its material components. Laws protecting the right to change gender identity on demand opened a Pandora Box with an unlimited number of possible identities, which in turn renders the making of legislative policy more complex and resting on an unstable ground. The proliferation of identities strengthens the state vis-à-vis an increasingly fragmented and conflicted society.
Chair in Administrative and Public Business Law, Kozminski University, School of Law, Warsaw, Poland
ORCID: 0000-0002-6929-9130
E-mail: waldhoff@kozminski.edu.pl