Sex and Harm in the Age of Consent

Sex and Harm in the Age of Consent

Author: Joseph J. Fischel

Publisher: U of Minnesota Press

Published: 2016-05-15

Total Pages: 406

ISBN-13: 1452951594

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Sex and Harm in the Age of Consent cautions against the adoption of consent as our primary determinant of sexual freedom. For Joseph J. Fischel, consent is not necessarily always ethically sound. It is, he argues, a moralized fiction, and it churns out figures for its normativity: the predatory sex offender and the innocent child. Examining the representation of consent in U.S. law and media culture, Fischel contends that the figures of the sex offender and the child are consent’s alibi, its negative space, enabling fictions that allow consent to do the work cut out for it under late modern sexual politics. Engaging legal, queer, feminist, and political theory, case law and statutory law, and media representations, Fischel proposes that we change our adjudicative terms from innocence, consent, and predation to vulnerability, sexual autonomy, and “peremption,” which he defines as the uncontrolled disqualification of possibility. Such a shift in theory, law, and life would be less damaging for young people, more responsive to sexual violence, and better for sex.


Screw Consent

Screw Consent

Author: Joseph J. Fischel

Publisher: Univ of California Press

Published: 2019-01-22

Total Pages: 278

ISBN-13: 0520968174

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When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.


The Age of Consent

The Age of Consent

Author: M. Waites

Publisher: Springer

Published: 2005-08-10

Total Pages: 294

ISBN-13: 0230505937

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The Age of Consent; Young People, Sexuality and Citizenship addresses the contentious issue of how children's sexual behaviour should be regulated. The text includes: ·A unique history of age of consent laws in the UK, analysed via contemporary social theory ·A global comparative survey of age of consent laws and relevant international human rights law ·A critical analysis of how protectionist agendas shaped new age of consent laws in England and Wales in the Sexual Offences Act 2003 ·In-depth theoretical discussion of the rationale for age of consent laws ·An original proposal to reduce the age of consent to 14 for young people who are less than two years apart in age Responding to contemporary concerns about young people's sexual behaviour, sexual abuse and paedophilia, this book will engage readers in law and socio-legal studies, sociology, history, politics, social policy, youth and childhood studies, and gender and sexuality studies; and professionals and practitioners working with young people.


Tomorrow Sex Will Be Good Again

Tomorrow Sex Will Be Good Again

Author: Katherine Angel

Publisher: Verso Books

Published: 2021-03-02

Total Pages: 161

ISBN-13: 1788739167

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A provocative, elegantly written analysis of female desire, consent, and sexuality in the age of MeToo Women are in a bind. In the name of consent and empowerment, they must proclaim their desires clearly and confidently. Yet sex researchers suggest that women’s desire is often slow to emerge. And men are keen to insist that they know what women—and their bodies—want. Meanwhile, sexual violence abounds. How can women, in this environment, possibly know what they want? And why do we expect them to? In this elegant, searching book—spanning science and popular culture; pornography and literature; debates on Me-Too, consent and feminism—Katherine Angel challenges our assumptions about women’s desire. Why, she asks, should they be expected to know their desires? And how do we take sexual violence seriously, when not knowing what we want is key to both eroticism and personhood? In today’s crucial moment of renewed attention to violence and power, Angel urges that we remake our thinking about sex, pleasure, and autonomy without any illusions about perfect self-knowledge. Only then will we fulfil Michel Foucault’s teasing promise, in 1976, that “tomorrow sex will be good again.”


Sexual Assault in Canada

Sexual Assault in Canada

Author: Elizabeth A. Sheehy

Publisher: University of Ottawa Press

Published: 2012-09-29

Total Pages: 833

ISBN-13: 0776619772

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Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.


Harmful to Minors

Harmful to Minors

Author: Judith Levine

Publisher: Da Capo Press

Published: 2003

Total Pages: 313

ISBN-13: 9781560255161

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Explores the highly sensitive issue of children and sex, offers advice on separating harmful from safe information about sex, and offers parents a guide to presenting the topic to their children.


The Case Against the Sexual Revolution

The Case Against the Sexual Revolution

Author: Louise Perry

Publisher: John Wiley & Sons

Published: 2022-05-16

Total Pages: 114

ISBN-13: 1509550003

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Ditching the stuffy hang-ups and benighted sexual traditionalism of the past is an unambiguously positive thing. The sexual revolution has liberated us to enjoy a heady mixture of erotic freedom and personal autonomy. Right? Wrong, argues Louise Perry in her provocative new book. Although it would be neither possible nor desirable to turn the clock back to a world of pre-60s sexual mores, she argues that the amoral libertinism and callous disenchantment of liberal feminism and our contemporary hypersexualised culture represent more loss than gain. The main winners from a world of rough sex, hook-up culture and ubiquitous porn – where anything goes and only consent matters – are a tiny minority of high-status men, not the women forced to accommodate the excesses of male lust. While dispensing sage advice to the generations paying the price for these excesses, she makes a passionate case for a new sexual culture built around dignity, virtue and restraint. This counter-cultural polemic from one of the most exciting young voices in contemporary feminism should be read by all men and women uneasy about the mindless orthodoxies of our ultra-liberal era.


Sex and Harm in the Age of Consent

Sex and Harm in the Age of Consent

Author: Joseph J. Fischel

Publisher:

Published: 2011

Total Pages: 306

ISBN-13: 9781124867960

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Sex and Harm in the Age of Consent investigates the figures of the child and the sex offender, and the figuration of consent, in United States law and media culture. It diagnoses how dominant understandings of sexual harm and danger are mediated through and against the child and the offender. I argue that consent purchases its normative force as an ethical metric through the symbolic production of the sex offender and the child as its characterological bookends. More simply: consent cannot do the kinds of things we want it to do, cannot divide good sex from bad, harm from freedom, or respond to sexual inequalities and injustices that pervade late modern life in the United States. I suggest displacing consent as the gravamen adjudicating sexual harm, so that we might diagnose more precisely the problems of sexual inequality and injustice while at once unloading the injurious cultural baggage borne by the child and the sex offender.


The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1294

ISBN-13: 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.


Consent to Sexual Relations

Consent to Sexual Relations

Author: Alan Wertheimer

Publisher: Cambridge University Press

Published: 2003-09-18

Total Pages: 314

ISBN-13: 9780521536110

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An important discussion of philosophical issues surrounding consent to sexual relations.