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Desiring Justice, Acting Jnana: Transforming the Transsexual Legal Fantasy from the Perspectives of Žižekian and Mahayana Buddhist Philosophies

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Chapter Summary

This chapter creates a triangular interactive framework of justice, desire and identity based on the philosophical perspectives of Žižek and Mahayana Buddhism. The recognition of the transsexual's marital right is the starting point of the Žižekian act within the machine of Hong Kong marriage law and gender politics - the fight for the right to marry is automatically initiated by and started at the margin of heterosexist patriarchal fantasy. Žižekian philosophy constructs a very strong challenge against Rawlsian theory on one hand, while on the other, proposes a reflective and constitutive paradigm of justice. The chapter argues that Mahayana Buddhism can be the effective platform where transplantation can happen, since there are enough commonalties between Žižekian theory and Mahayana Buddhism for transcultural simularity to take place. According to Mahayana Buddhist tradition, law and regulation can assist in starting and fulfilling āśraya-paravṛtt.

Keywords: āśraya-paravṛtt; Žižekian philosophy; heterosexist patriarchal fantasy; Mahayana Buddhism; Rawlsian justice; transsexual marriage

10.1163/9789004271371_004
/content/books/b9789004271371s004
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