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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.
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.
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.
Sexual rules and regulations are among society's oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics and includes an introduction that situates all of these works in the broader field and offers readers an extensive bibliography.
Queer Despised Sexuality, Law and Social Change is an inaugural monograph based on the belief that the struggle for a better world for queer people has to be based not just on questioning the larger frameworks of legal injustice, state intolerance and societal indifference, but also questioning and challenging ignorance, misconceptions and hatred in our families, our schools and colleges and our places of work. This work will nourish vigorous Indian pursuit of human rights to be and to remain different.
What does it mean to respect the dignity of a human being? What sort of support do human capacities demand from the world, and how should we think about this support when we encounter differences of gender or sexuality? How should we think about each other across divisions that a legacy of injustice has created? In Sex and Social Justice, Martha Nussbaum delves into these questions and emerges with a distinctive conception of feminism that links feminist inquiry closely to the important progress that has been made during the past few decades in articulating theories of both national and global justice. Growing out of Nussbaum's years of work with an international development agency connected with the United Nations, this collection charts a feminism that is deeply concerned with the urgent needs of women who live in hunger and illiteracy, or under unequal legal systems. Offering an internationalism informed by development economics and empirical detail, many essays take their start from the experiences of women in developing countries. Nussbaum argues for a universal account of human capacity and need, while emphasizing the essential role of knowledge of local circumstance. Further chapters take on the pursuit of social justice in the sexual sphere, exploring the issue of equal rights for lesbians and gay men. Nussbaum's arguments are shaped by her work on Aristotle and the Stoics and by the modern liberal thinkers Kant and Mill. She contends that the liberal tradition of political thought holds rich resources for addressing violations of human dignity on the grounds of sex or sexuality, provided the tradition transforms itself by responsiveness to arguments concerning the social shaping of preferences and desires. She challenges liberalism to extend its tradition of equal concern to women, always keeping both agency and choice as goals. With great perception, she combines her radical feminist critique of sex relations with an interest in the possibilities of trust, sympathy, and understanding. Sex and Social Justice will interest a wide readership because of the public importance of the topics Nussbaum addresses and the generous insight she shows in dealing with these issues. Brought together for this timely collection, these essays, extensively revised where previously published, offer incisive political reflections by one of our most important living philosophers.
Based on Nick Dubin's own experience, and drawing on the extensive knowledge of Dr Tony Attwood and Dr Isabelle Hénault, this important book addresses the issues surrounding the autism spectrum, sexuality and the law. The complex world of sex and appropriate sexual behaviour can be extremely challenging for people with autism spectrum disorder (ASD) and, without guidance, many find themselves in vulnerable situations. This book examines how the ASD profile typically affects sexuality and how sexual development differs between the general population and those with ASD. It explains the legalities of sexual behaviour, how laws differ from country to country, and the possibility for adjustment of existing laws as they are applied to the ASD population. With advice on how to help people with autism spectrum disorder gain a better understanding of sexuality and a comprehensive list of resources, the book highlights the need for a more informed societal approach to the psychosexual development of people with ASD. A ground-breaking and honest account, this book will be an invaluable addition to the shelves of parents of children with ASD, mental health and legal professionals, teachers, carers and other professionals working with individuals on the spectrum.
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.
First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
This book tells the stories of notable historical figures whose resistance of patriarchal laws transformed ethical, political, and legal standards.