regulation CASE STUDY

Law Case Study

Law Case Study

The appellant (Mr Stack) asked against an alignment ([2005] EWCA Civ 857, (2006) 1 F.L.R. 254) specifying the division of the snare advances of sale of the dwelling he had shared with his former partner (Ms Dowden) and their children. Ms Dowden and Mr Stack had purchased the dwelling in their junction titles utilising the then present land registry form, which comprised no declaration of believe but comprised a declaration that the survivor could give a good acknowledgement for capital cash arising from a disposition of the property. The purchase was financed by the sale of their previous house, which had been in Ms Dowden's sole title, plus savings in Ms Dowden's title, and a mortgage held in both names. Mr Stack paid the mortgage interest and endowment principle premiums, while simultaneously they paid off the capital, with Ms Dowden assisting a larger proportion. When they bought the house, Ms Dowden and Mr Stack had been cohabiting for 18 years and had four children. Nearly all facets of their respective investments had been kept separate. Nine years after purchasing the house, their relationship smashed down and they agreed a court order that omitted Mr Stack from the dwelling and required Ms Dowden to pay Mr Stack for the cost of his alternate accommodation. Mr Stack then effectively searched a declaration that the house was held upon believe by the twosome as tenants in widespread in equal shares and an alignment for its sale.

There is broad agreement in the critical social sciences and humanities literature that homosexuality is socially constructed. There is also some consensus that the construction of homosexuality is, in some way or other, bound up with constructions of gender. Viewing constructions of homosexuality and gender as interrelated highlights issues of structure, agency, and power and raises the following questions: What dynamics and processes are at play in the construction of homosexuality, and how do these intersect with the dynamics and processes that underpin the construction of gender? How is power at play in the construction of homosexuality, and how does this interact with gender power? The exact nature of the relationships between constructions of sexuality and gender is the subject of an ongoing debate that is unlikely to be resolved soon. There are, however, two broad ways to view the debate's core issues. First, one can focus on homosexual identity and what it reveals about power with respect to sexuality and gender. Second, one can focus on practices with respect to homosexuality and how they involve power—and specifically gender power.

One of the earliest academic contributions to debates about the social construction of homosexuality came from researchers studying the sociology of deviance. The deviance perspective highlighted the issue of power with respect to homosexual identity and pointed to homosexuality as a product of human action and history. Homosexuality, from this perspective, was not the product of innate drives or pathology. Rather, modern society had established the “homosexual role” as a specific, despised, and ...