Sex, Law and the Politics of Age

Sex, Law and the Politics of Age PDF

Author: Ishita Pande

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 339

ISBN-13: 1108489745

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An innovative study of the establishment of 'age' as a political category in late colonial India.

Law, Sex, and Christian Society in Medieval Europe

Law, Sex, and Christian Society in Medieval Europe PDF

Author: James A. Brundage

Publisher: University of Chicago Press

Published: 2009-02-15

Total Pages: 714

ISBN-13: 0226077896

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This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History

Sex, Law, and the Politics of Age

Sex, Law, and the Politics of Age PDF

Author: Ishita Pande

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 339

ISBN-13: 110880263X

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Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation of citizenship and India as a nation in this formative period.

Screw Consent

Screw Consent PDF

Author: Joseph J. Fischel

Publisher: Univ of California Press

Published: 2019-01-22

Total Pages: 280

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.

Sex and Harm in the Age of Consent

Sex and Harm in the Age of Consent PDF

Author: Joseph J. Fischel

Publisher: U of Minnesota Press

Published: 2016-05-15

Total Pages: 425

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.

Regulating Sex

Regulating Sex PDF

Author: Elizabeth Bernstein

Publisher: Psychology Press

Published: 2005

Total Pages: 350

ISBN-13: 9780415948685

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First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

Women, Sex, and the Law

Women, Sex, and the Law PDF

Author: Rosemarie Tong

Publisher: Rowman & Littlefield

Published: 1984

Total Pages: 228

ISBN-13: 9780847672318

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Feminist scholars have long been concerned with how women and sexuality are perceived and treated by the American legal system. Feminists have put forth a variety of arguments seeking the causes and solutions to the class-based and sex-biased characteristics of the legal system that contribute to the victimization of women in contemporary society. No consensus within the women's movement has been achieved on a number of legal issues, such as pornography or prostitution, since approaches are often divided by political, economic, moral, or sexual ideology.Women, Sex, and the Law is a comprehensive survey and analysis of the legal and sexual issues important to women. Rosemarie Tong introduces the reader to the different feminist and legal perspectives on the causes and solutions for the problems of pornography, sexual harassment, prostitution, rape, and woman-battering. Tong clearly and concisely details and assesses the legal theory and practice for each issue, describs and critiques the various feminist debates surrounding these concerns, and offers her own thoughtful proposals for ameliorating the discriminatory tendencies and improving the effectiveness of our present legal system.

Sex Panic and the Punitive State

Sex Panic and the Punitive State PDF

Author: Roger N. Lancaster

Publisher: Univ of California Press

Published: 2011-03-15

Total Pages: 322

ISBN-13: 0520948211

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One evening, while watching the news, Roger N. Lancaster was startled by a report that a friend, a gay male school teacher, had been arrested for a sexually based crime. The resulting hysteria threatened to ruin the life of an innocent man. In this passionate and provocative book, Lancaster blends astute analysis, robust polemic, ethnography, and personal narrative to delve into the complicated relationship between sexuality and punishment in our society. Drawing on classical social science, critical legal studies, and queer theory, he tracks the rise of a modern suburban culture of fear and develops new insights into the punitive logic that has put down deep roots in everyday American life.

Sex, Law, and Sovereignty in French Algeria, 1830–1930

Sex, Law, and Sovereignty in French Algeria, 1830–1930 PDF

Author: Judith Surkis

Publisher: Cornell University Press

Published: 2019-12-15

Total Pages: 400

ISBN-13: 1501739522

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This is a masterful study of the ways in which sex and law were inextricably intertwined in the elaboration of French rule in Algeria. Its great virtue is to demonstrate in careful detail, with an impressive range of material (from court records to novels), exactly how the conquest of Algeria repeatedly challenged the very ideals of the secular universalism in whose name colonization was carried out.― Joan Wallach Scott, author of Sex and Secularism During more than a century of colonial rule over Algeria, the French state shaped and reshaped the meaning and practice of Muslim law by regulating it and circumscribing it to the domain of family law, while applying the French Civil Code to appropriate the property of Algerians. In Sex, Law, and Sovereignty in French Algeria, 1830–1930, Judith Surkis traces how colonial authorities constructed Muslim legal difference and used it to deny Algerian Muslims full citizenship. In disconnecting Muslim law from property rights, French officials increasingly attached it to the bodies, beliefs, and personhood. Surkis argues that powerful affective attachments to the intimate life of the family and fantasies about Algerian women and the sexual prerogatives of Muslim men, supposedly codified in the practices of polygamy and child marriage, shaped French theories and regulatory practices of Muslim law in fundamental and lasting ways. Women's legal status in particular came to represent the dense relationship between sex and sovereignty in the colony. This book also highlights the ways in which Algerians interacted with and responded to colonial law. Ultimately, this sweeping legal genealogy of French Algeria elucidates how "the Muslim question" in France became—and remains—a question of sex.

When Sex Threatened the State

When Sex Threatened the State PDF

Author: Saheed Aderinto

Publisher: University of Illinois Press

Published: 2014-12-30

Total Pages: 288

ISBN-13: 0252096843

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Breaking new ground in the understanding of sexuality's complex relationship to colonialism, When Sex Threatened the State illuminates the attempts at regulating prostitution in colonial Nigeria. As Saheed Aderinto shows, British colonizers saw prostitution as an African form of sexual primitivity and a problem to be solved as part of imperialism's "civilizing mission". He details the Nigerian response to imported sexuality laws and the contradictory ways both African and British reformers advocated for prohibition or regulation of prostitution. Tracing the tensions within diverse groups of colonizers and the colonized, he reveals how wrangling over prostitution camouflaged the negotiating of separate issues that threatened the social, political, and sexual ideologies of Africans and Europeans alike. The first book-length project on sexuality in early twentieth century Nigeria, When Sex Threatened the State combines the study of a colonial demimonde with an urban history of Lagos and a look at government policy to reappraise the history of Nigerian public life.