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A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike--those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
This volume is about those who have investigated sex from antiquity to the present day.
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.
One scarcely knows whether to laugh or cry. The spectacle presented, in Cynthia Russett's splendid book, of nineteenth-century white male scientists and thinkers earnestly trying to prove women inferior to men--thereby providing, along with "savages" and "idiots," an evolutionary buffer between men and animals--is by turns appalling, amusing, and saddening. Surveying the work of real scientists as well as the products of more dubious minds, Russett has produced a learned yet immensely enjoyable chapter in the annals of human folly. At the turn of the century science was successfully challenging the social authority of religion; scientists wielded a power no other group commanded. Unfortunately, as Russett demonstrates, in Victorian sexual science, empiricism tangled with prior belief, and scientists' delineation of the mental and physical differences between men and women was directed to show how and why women were inferior to men. These men were not necessarily misogynists. This was an unsettling time, when the social order was threatened by wars, fierce economic competition, racial and industrial conflict, and the failure of society to ameliorate poverty, vice, crime, illnesses. Just when men needed the psychic lift an adoring dependent woman could give, she was demanding the vote, higher education, and the opportunity to become a wage earner! No other work has treated this provocative topic so completely, nor have the various scientific theories used to marshal evidence of women's inferiority been so thoroughly delineated and debunked. Erudite enough for scholars in the history of science, intellectual history, and the history of women, this book with its stylish presentation will also attract a large nonspecialist audience.
Karl Ulrichs's studies of sexual diversity galvanized the burgeoning field of sexual science in the nineteenth century. But in the years since, his groundbreaking activism has overshadowed his scholarly achievements. Ulrichs publicly defied Prussian law to agitate for gay equality and marriage, and founded the world's first organization dedicated to the legal and social emancipation of homosexuals. Ralph M. Leck returns Ulrichs to his place as the inventor of the science of sexual heterogeneity. Leck's analysis situates sexual science in a context that includes politics, aesthetics, the languages of science, and the ethics of gender. Although he was the greatest nineteenth-century scholar of sexual heterogeneity, Ulrichs retained certain traditional conjectures about gender. Leck recognizes these subtleties and employs the analytical concepts of modernist vita sexualis and traditional psychopathia sexualis to articulate philosophical and cultural differences among sexologists. Original and audacious, Vita Sexualis uses a bedrock figure's scientific and political innovations to open new insights into the history of sexual science, legal systems, and Western amatory codes.
Convicted sex offenders released from custody at the end of their criminal sentences pose a risk for re-offense. In many US states, Sexually Violent Predator (SVP) laws have been enacted that allow for the post-prison preventive detention of high risk sex offenders. SVP laws require the courts to make dispositions that protect the public from harm while at the same time respecting the civil rights of the offender. This book describes these SVP laws, their constitutionality, and aspects of their operation. Courts hear expert risk testimony based heavily on the results of actuarial risk assessment. Problems associated with this testimony include the lack of a theory of recidivism risk, bias due to human decision-making, and the insularity of scholarship and practice along developmental lines. The authors propose changes in legal standards, as well as a unified developmental model that treats sexual violence as an "evolving" condition, with roots traceable to childhood and paths that extend into adolescence and adulthood.
Introduction -- Kissing cousins : queerness, crime, and knowing -- Seeing sexuality like a state -- Forensic psychology, complicit expertise, and the legitimation of law -- Insurgent expertise and the hybrid network of LGBTQ asylum -- Asylum seekers and signs of queerness -- Sex offenders and the detection of deviance -- Queer subjects and the construction of risky countries -- Sexual predators and the constitution of dangerous individuals -- Conclusion : sexuality, science, and citizenship in the twenty-first century.
From sexual abuse and fetishism to necrophilia and sadomasochism, this unique volume identifies fourteen classifications of unusual sexual pathologies. Emphasizing the physical and psychological aspects of sexuality itself, the book presents detailed comparisons of legal and medical definitions, historical aspects, current incidence, and geographic