Gender and sexuality in Ireland: How the past informs the present-day approach to consent

Legal realism suggests that law does not act within a vacuum. Rather, the law itself and the implementation and interpretation of the law originates from existing social interests and public policy. More concisely, this school of thought suggests that it is not law and society that work in tandem with each other to achieve legislative and societal advancement. Rather, it is law in society, meaning legislation can only be implemented and interpreted through the scope of societal understanding. Under this framework, this research traces the evolution of Ireland’s collective consciousness around gender and sexuality from the late 19th century to the present, positioning national identity as a driving force behind cultural beliefs, social policy, and legal development. Drawing on theorists such as Habermas, Foucault, and Durkheim, it employs a socio-legal methodology to examine how entrenched cultural narratives shape not only the formation of laws, but also their interpretation and application throughout Irish history, reaffirming the notion law in society. Contemporary societal understandings of consent serves as a present day case study to illustrate how these cultural dynamics continue to influence legal implementation and interpretation. By foregrounding the role of Ireland’s collective consciousness in shaping legal evolution, the study of proposes a feminist revitalisation of Durkheim’s Division of Labour model, where it will be demonstrated that true solidarity, and thus effective reform, requires a reconciliation between past and present cultural values.

Publisher

University of Galway

Rights

CC BY-NC-ND

cbn

Collections

University of Galway Theses (PhD Theses)