Download or read book Screw Consent written by Joseph J. Fischel and published by Univ of California Press. This book was released on 2019-01-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Sex Consent and Justice written by Tina Sikka and published by EUP. This book was released on 2023-08-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tina Sikka explores many of the contradictions and tensions that make up the increasingly fraught debates about sex, consent, feminism, justice, law and gender relations and new movements including #MeToo and #TimesUp. She looks in particular at contemporary understandings of justice, violence, consent, pleasure and desire.
Download or read book Sexual Justice written by Alexandra Brodsky and published by Metropolitan Books. This book was released on 2021-08-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.
Download or read book Implied Consent and Sexual Assault written by Michael Plaxton and published by McGill-Queen's Press - MQUP. This book was released on 2015 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting the doctrine of implied consent in Canadian sexual assault law.
Download or read book Consent to Sexual Relations written by Alan Wertheimer and published by Cambridge University Press. This book was released on 2003-09-18 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important discussion of philosophical issues surrounding consent to sexual relations.
Download or read book Criminalizing Sex written by Stuart P. Green and published by Oxford University Press, USA. This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--
Download or read book Sex Sexuality Law and In justice written by Henry F. Fradella and published by Routledge. This book was released on 2016-02-26 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law.
Download or read book Sex Culture and Justice written by Clare Chambers and published by Penn State Press. This book was released on 2010-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
Download or read book Closing the Justice Gap for Adult and Child Sexual Assault written by Anne Cossins and published by Springer Nature. This book was released on 2020-10-21 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.
Download or read book Blurred Lines written by Vanessa Grigoriadis and published by HarperCollins. This book was released on 2017-09-05 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new sexual revolution is sweeping the country, and college students are on the front lines. Few places in America have felt the influence of #MeToo more intensely. Indeed, college campuses were in many ways the harbingers of #MeToo. Grigoriadis captures the nature of this cultural reckoning without shying away from its complexity. College women use fresh, smart methods to fight entrenched sexism and sexual assault even as they celebrate their own sexuality as never before. Many “woke” male students are more open to feminism than ever, while others perpetuate the cruelest misogyny. Coexisting uneasily, these students are nevertheless rewriting long-standing rules of sex and power from scratch. Eschewing any political agenda, Grigoriadis travels to schools large and small, embedding in their social whirl and talking candidly with dozens of students, as well as to administrators, parents, and researchers. Blurred Lines is a riveting, indispensable illumination of the most crucial social change on campus in a generation.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Just Love written by Margaret Farley and published by Bloomsbury Publishing USA. This book was released on 2008-02-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2008 Grawemeyer Award in Religion This long-awaited book by one of American Christianity's foremost ethicists proposes a framework for sexual ethics whereby justice is the criterion for all loving, including love that is related to sexual activity and relationships. It begins with historical and cross-cultural explorations, then addresses the large questions of embodiment, gender, and sexuality, and finally delineates the justice framework for sexual ethics. Though Just Love's particular focus is Christian sexual ethics, Farley's framework is broad enough to have relevance for multiple traditions. Also covered are specific issues in sexual ethics, including same-sex relationships, marriage and family, divorce and second marriage.
Download or read book The Right to Sex written by Amia Srinivasan and published by Bloomsbury Publishing. This book was released on 2022-05-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A SUNDAY TIMES BESTSELLERBLACKWELL'S BOOK OF THE YEAR 2021Essential lessons on the world we live in, from one of our greatest young thinkers - a guide to what everybody is talking about today'Unparalleled and extraordinary . . . A bracing revivification of a crucial lineage in feminist writing' JIA TOLENTINO'I believe Amia Srinivasan's work will change the world' KATHERINE RUNDELL'Rigorously researched, but written with such spark and verve. The best non-fiction book I have read this year' PANDORA SYKES-------------------------How should we talk about sex? It is a thing we have and also a thing we do; a supposedly private act laden with public meaning; a personal preference shaped by outside forces; a place where pleasure and ethics can pull wildly apart. To grasp sex in all its complexity - its deep ambivalences, its relationship to gender, class, race and power - we need to move beyond 'yes and no', wanted and unwanted. We need to rethink sex as a political phenomenon. Searching, trenchant and extraordinarily original, The Right to Sex is a landmark examination of the politics and ethics of sex in this world, animated by the hope of a different one.SHORTLISTED FOR THE ORWELL PRIZE 2022LONGLISTED FOR THE POLARI FIRST BOOK PRIZE 2022LONGLISTED FOR THE BRITISH ACADEMY BOOK PRIZE 2022
Download or read book Rape and Resistance written by Linda Martín Alcoff and published by John Wiley & Sons. This book was released on 2018-05-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual violence has become a topic of intense media scrutiny, thanks to the bravery of survivors coming forward to tell their stories. But, unfortunately, mainstream public spheres too often echo reports in a way that inhibits proper understanding of its causes, placing too much emphasis on individual responsibility or blaming minority cultures. In this powerful and original book, Linda Martín Alcoff aims to correct the misleading language of public debate about rape and sexual violence by showing how complex our experiences of sexual violation can be. Although it is survivors who have galvanized movements like #MeToo, when their words enter the public arena they can be manipulated or interpreted in a way that damages their effectiveness. Rather than assuming that all experiences of sexual violence are universal, we need to be more sensitive to the local and personal contexts – who is speaking and in what circumstances – that affect how activists’ and survivors’ protests will be received and understood. Alcoff has written a book that will revolutionize the way we think about rape, finally putting the survivor center stage.
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Consent written by Alan Reed and published by Taylor & Francis. This book was released on 2016-10-14 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
