Applying an Intersectional Approach in Legal Scholarship

Abstract

For some time now, the concept of intersectionality has been used in both academic and political discourses. Intersectional thinking highlights interlocking relations of domination and inequality. Consequently, it emphasizes an analytical need to avoid focusing on only one category of inequality (e.g., gender) at a time and to rather take into account several categories and their various interactions. In the legal field, intersectionality has been typically employed in antidiscrimination law and international human rights law. Yet, it can be useful for legal research in various fields. But how does one apply an intersectional perspective in legal analysis? This article aims to provide scholars with a theoretically grounded orientation to start with and practical steps for (self)-reflection when considering an intersectional research project in law. It highlights both characteristic features of intersectional thought and strategies to implement it in legal scholarship and research.