This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...) embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies—but uncovers that finding a harm in a declining sex ratio depends on a static conception of the human form, based on unfounded assumptions of ‘naturalness’ and ‘normalcy’. Elizabeth Grosz’s theory of ‘becoming’ offers a compelling challenge, essentially pointing to the conclusion that we should find harm where we find illness and suffering and not simply where we find difference. At the same time, we cannot discount the political economy of the pollution: the paper concludes by returning the focus to the role of power, colonialism and the state in the perpetuation of the pollution on the landscape. (shrink)

"Morality is a specific human attribute which, however, does not enjoy universal recognition. Its disregard in practice is matched by the disagreement concerning its justification. The repudiation of moral restraints on sexual conduct did not start with the sex revolution of the sixties, but it took the AIDS crisis to slow down the expansion of the culture of promiscuity that became fashionable with the emancipation from traditional values."--Publisher's description.

In the tradition of Simone de Beauvoir and Julia Kristeva, Luce Irigaray is one of France's most versatile feminist critics. _Sexes and Genealogies, _a collection of lectures delivered throughout Canada and Europe, introduces her writing to a wider American audience. Irigaray's most famous work, _Speculum of the Other Woman, _prompted her expulsion from the Lacanin Ecole Freudienne because of its searing depiction of Platonic and Freudian representations of women. Now _Sexes and Genealogies _analyzes sexual difference according to what she terms (...) the double dimension of gender and ideology. Irigaray covers major issues in religion, the law, psychoanalysis, and literature, such as: the continued neglect by psychoanalysts of the sexual and gender dimensions of therapy, the urgency of female divinity for contemporary feminist movements, and a reconsideration of women's relation to the market economy. _Sexes and Genealogies _also includes Irigaray's dazzling reading of the _Oresteia, "Body Against Body: In Relation to the Mother," _now acknowleged as a feminist classic. (shrink)

This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.

Fred S. Berlin, M.D., Ph.D., Associate Professor of Psychiatry, The Johns Hopkins University School of Medicine --Book Jacket.

The development of highly humanoid sex robots is on the technological horizon. If sex robots are integrated into the legal community as “electronic persons”, the issue of sexual consent arises, which is essential for legally and morally permissible sexual relations between human persons. This paper explores whether it is conceivable, possible, and desirable that humanoid robots should be designed such that they are capable of consenting to sex. We consider reasons for giving both “no” and “yes” answers to these three (...) questions by examining the concept of consent in general, as well as critiques of its adequacy in the domain of sexual ethics; the relationship between consent and free will; and the relationship between consent and consciousness. Additionally we canvass the most influential existing literature on the ethics of sex with robots. (shrink)

In the tradition of Simone de Beauvoir and Julia Kristeva, Luce Irigaray is one of France's most versatile feminist critics. _Sexes and Genealogies, _a collection of lectures delivered throughout Canada and Europe, introduces her writing to a wider American audience. Irigaray's most famous work, _Speculum of the Other Woman, _prompted her expulsion from the Lacanin Ecole Freudienne because of its searing depiction of Platonic and Freudian representations of women. Now _Sexes and Genealogies _analyzes sexual difference according to what she terms (...) the double dimension of gender and ideology. Irigaray covers major issues in religion, the law, psychoanalysis, and literature, such as: the continued neglect by psychoanalysts of the sexual and gender dimensions of therapy, the urgency of female divinity for contemporary feminist movements, and a reconsideration of women's relation to the market economy. _Sexes and Genealogies _also includes Irigaray's dazzling reading of the _Oresteia, "Body Against Body: In Relation to the Mother," _now acknowleged as a feminist classic. (shrink)

This article examines how migrant and immigrant sex workers have been rendered invisible before the courts and parliament in the reform of laws regarding sex work in Canada. A discourse analysis of the expansive legal record in the Bedford case and the transcripts of Parliamentary debates and testimony before Standing Committees confirm the lack of nuanced discussion on how criminal law reform could impact migrant and immigrant sex workers. As such, while the case of Bedford and the resulting change in (...) the law made by Parliament have been celebrated as a win for some sex workers as an acknowledgment, recognition and judicial validation of experiences by legal institutions of sex workers, a sub-group of women – migrant and immigrant sex workers – remain in the shadows. This article examines how law excludes migrant and immigrant sex workers; it is a starting point for research on how migrant and immigrant sex workers may participate in future legal reform. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

Perhaps no other single moral issue today is as hotly contested, or as divisive, as sexuality. Offering a bold and hopeful vision of how Christians - and all people of goodwill - can view this explosive topic, ethicist Christine Gudorf proposes nothing less than a sweeping challenge to traditional Christian teaching on sexual roles, activities, and relationships. Deftly drawing on Scripture, natural law, historical and contemporary Catholic and Protestant theology, the social sciences, and, significantly, the lived experiences of today's women (...) and men, Gudorf presents a carefully crafted and systematic reconstruction of Christian sexual ethics. Her aim, above all, is to engender appreciation, not rejection and shame, of our bodies and our sexuality. Contending that body, sex, and pleasure are divine gifts revealing God's grace, Gudorf emphasizes the need to understand sexual desire as a positive good, a source of love and commitment. She further explores the relationship between sexuality and reproduction, arguing that "procreationism" - the assumption that the sole aim and ultimate end of sexuality must always be offspring - is unjust and oppressive. Written with insight, clarity, and compassion, Body, Sex, and Pleasure is a provocative and compelling call to all women and men to reject the damaging influence of body/soul dualism - and, ultimately, to do justice to the Incarnation, the central revelations of Scripture, and human dignity. (shrink)

This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is (...) also made to US and Australian case law. The book should be of interest to students studying women and the law, family law, criminal law and jurisprudcence, as well as those on criminology and sociology courses. It should also be useful to family and criminal practitioners. (shrink)

Sex, Morality, and the Law combines legal and philosophical arguments to focus on six controversial topics; homosexual sex, prostitution, pornography, abortion, sexual harassment, and rape. Suitable for use in several disciplines at both undergraduate and graduate levels, this anthology includes critical court decisions and essays representing a diversity of conservative, liberal, and feminist positions.

. Under‐the‐covers undercover investigations: Some reflections on the state's use of sex and deception in law enforcement. Criminal Justice Ethics: Vol. 11, No. 1, pp. 13-24.

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated (...) moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture. According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich. Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism. (shrink)

A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.

Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.

John Millar's Origin of the Distinction of Ranks contains one of the first extensive and systematic discussions of the status of women in different societies. In this paper I attempt to show first that a combi nation of circumstances associated with the teaching of moral philos ophy at Glasgow and with the reform of Scots law undertaken by Lord Kames made the status of women a critical problem for Millar. Second, I attempt to demonstrate that Millar drew heavily upon the (...) resources of associationist psychology to explain how female status changed from hunting to pastoral to agricultural to commercial societies and that in doing so he diverged substantially from the perspectives developed by his mentor, Adam Smith. Finally, in view of Millar's extraordinarily positive reputation throughout Europe prior to the French Revolution and in view of the potential relevance of his analysis to early feminism and to mid-19th-century anthropological discussions of early matri archy, I seek to account for why his work was virtually ignored from around 1802 to 1960. (shrink)

During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all three were aimed (...) toward the general end of redirecting rape law toward the protection of women's, rather than men's, interests, and all three did, to some degree, broaden and democratize the scope of the law's protection: Wives, prostitutes, promiscuous girls, and women not inclined to risk their deaths by fighting off their rapists “to the utmost” are now protected by the law of rape against sexual assault, at least in theory, and at least to the same degree as non-wives and non-prostitutes, fighters, and virgins. All of this, virtually every contributor to this symposium agrees, is very much to the good. (shrink)

Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.

In this timely, provocative volume, essayists including Susan Moller Okin, Catherine A. MacKinnon, Cass Sunstein, Martha Minow, William Galston, and Sara McLanahan argue positions on sexuality, on the family, and on the proper role of law in these areas.

The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under (...) present Supreme Court precedent. Part III analyzes the use of sex-based therapy allocation criteria, which are also in current use, and argues that they also face substantial legal obstacles, despite only being subject to intermediate scrutiny. Parts IV and V examine the use of age and health status in allocation. Part VI discusses how the nascent law on “vaccination status” discrimination might apply to therapy allocation. (shrink)

This article examines what happens when local gender rights activism is taken up by international allies and appropriators, using case studies of activism in Saudi Arabia and India. The relationship between local and transnational activists is shaped by histories of Euro-Americans writing about the gendered organisation of Eastern societies. In an economic system where nongovernmental activist groups compete for donor support, political causes are commodities with value, and value is generated through representations (e.g. of patriarchal oppression). These representations of the (...) sexuality and gender organisation of other societies are fetishes in the Marxian sense, essential to the commodity-cause that generates value in circulation. These representations gain value through the accretion of cultural images and texts that adhere to the cause, e.g. the stereotype of the violent brown man and oppressed woman. Such images in the cultural repository allow transnational consumers to make sense of issues they are called to support. But such images also reify stereotypes that activists seek to undermine, even at the same time that these representations generate an international audience. We analyse this process and identify strategies for how transnational allies can show solidarity without overshadowing or devaluing the voices of local activists, with primary focus on the case of activism against male guardianship laws in Saudi Arabia. (shrink)

Jeremy Bentham is becoming increasingly well-known for his defence of consensual male same-sex relationships on the grounds of an ‘all-comprehensive' sexual liberty. The question arises whether his defence of pæderasty, or ‘the love of boys', and hence of adult-child sexual relationships, on the same principle makes his defence of male same-sex relationships problematic. This paper investigates the extent to which, under Bentham's principle, adults would not be legally punished for having consensual sexual relationships with children, or rather with adolescents. It (...) concludes that Bentham’s position in relation to sexual relationships between adult males and under-age females followed the provisions of the English law of his time, while his position in relation to sexual relationships between adult males and under-age males is little different from the provisions of the law of our own time. Bentham was, moreover, concerned about the reputational damage suffered by unmarried mothers, and hence recommended the decriminalizing of infanticide. In the post-Malthusian age, Bentham, like many of his contemporaries, had become concerned about the potential suffering caused by over-population. His aims in this respect would be met by the forms of contraception and abortion available today. (shrink)

A woman walks into a room and sits down beside a man. They talk and as they talk he puts his arm around her. After a few moments they kiss. He becomes excited and starts to fondle her. She does not resist. A few moments later, she gets up and leaves.A man and a woman drive into a parking lot. It is dark, the lot is empty. He stops the car, turns out the lights and puts his arm around her. (...) They kiss, then make love. After 30 minutes they drive off. (shrink)

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding (...) the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition. (shrink)

In public health and the social sciences, there is growing recognition of the role that social context plays in determining health. Frequently, social relations of inequality are among the most important features of social context identified in this work, and emphasis is placed on identifying and addressing these inequalities in order to improve health. Within the field of HIV/AIDS prevention as well, researchers have begun to look beyond individuals for an understanding of the structural causes of HIV-related risk. This research (...) demands that greater attention be paid to the social mechanisms and contextual factors that lead to HIV risk. Among these factors are law and social policy, which form a part of the context in which risk-taking occurs and which can promote both HIV transmission and prevention. On the one hand, laws limiting access to sterile injection equipment have contributed to HIV-related risk behavioxs among injection drug users. (shrink)

Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in (...) India.Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective. (shrink)

There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies—one in which vulnerability is relied upon by those seeking improved social justice as a (...) mechanism by which to identify, problematise and compel state responses to a universal condition of precarious dependency, and the other in which it is used as a category of neo-liberal governance which legitimates state encroachment whilst constructing ‘vulnerable’ individuals as ‘risk-managers’ who must behave ‘responsibly’ in the face of disadvantage. We suggest that the co-existence of these divergent approaches highlights the fluidity and malleability of the concept of vulnerability. Using sex work as a specific case study, we explore the ways in which vulnerability bears multiple meanings, and has been used in recent times in the furtherance of moralistic and regressive agendas, which collude with, rather than challenge, state power. Without seeking to reject the label or normative import of vulnerability, we call, therefore, for a more circumspect approach to its usage, and a more critical evaluation of recent claims which hail it as a mechanism, preferable to the conventional use of equality paradigms, by which to secure progressive feminist outcomes. (shrink)

Examines some of the principal arguments and styles of argument which Christians, and particularly the Roman Catholic Church, have advanced in support of Christian standards in sexual ethics. Catholic teaching has sought to present Christian sexual standards and values as reasonabale, as standards which anyone can see to be right if only they think about them in the right way. Arguments have been drawn from both Scripture and from philosophy and experience, the latter being particularly important at a time when (...) the Church can no longer lay down the law, but has to be able to persuade. The author considers whether these arguments are valid or flawed. His study covers such wide-ranging topics as sexual pleasure, the purpose of sex, sexual gestures, marriage, contraception and homosexuality, and in these areeas, and the more specifical sexual issues which he covers, he often finds the Church's case defective. Though the Church has valuable things to say, its supporting arguments can be unconvincing. Better arguments, he claims, are needed, or alternatively the possibility has to be faced that the Church's teaching needs to be modified. But it does need to do more thinking about sex. (shrink)

Sexbots are coming. Given the pace of technological advances, it is inevitable that realistic robots specifically designed for people's sexual gratification will be developed in the not-too-distant future. Despite popular culture's fascination with the topic, and the emergence of the much-publicized Campaign Against Sex Robots, there has been little academic research on the social, philosophical, moral, and legal implications of robot sex. This book fills the gap, offering perspectives from philosophy, psychology, religious studies, economics, and law on the possible future (...) of robot-human sexual relationships. (shrink)

This article aims to analyse a possible manner of approaching the birth of intersexual children. We start out by summing up what intersexuality is and how it is faced in the dominant clinical practice. We then argue against this paradigm, in favour of a postponement of genital surgery. In the second part of this paper, we take into consideration the general question of whether only two existing sexes are to be recognized, arguing in favour of an expansion of sex categories. (...) In the third part, we illustrate the reasons supporting provisional sex attribution: the child’s best interest and respect for their developing moral autonomy. This position aims to increase the child’s well-being and self-determination, limiting parents’ freedom to take decisions on behalf of others, in particular, those decisions concerning basic aspects of their children’s personal identity. (shrink)

The Sexual Offences Act 2003 introduced a new statutory offence of "sexual activity in a public lavatory" into English law. Although written as a gender-neutral offence, the statute was formulated and enacted on the basis of concerns about male homosexual sexual activity in public lavatories ("cottaging"). This paper examines the justifications for, and implications of, the legislation. It considers the main arguments made in support of the offence and situates these within established moral, legal, and social debates about homosexuality. The (...) paper considers the relationship between conceptions of public and private morality in relation to the legal regulation of homosexual sex. It goes on to explore the complex nature of regulating public sex in relation to sexual practices which often maintain high degrees of privacy. The final part of the paper argues that the legislation is largely in contradiction with the realities of police work and contemporary law enforcement. (shrink)

There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...) manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. (shrink)

For a long time, Roman history, taken in its social and legal aspects, was written as a history of males, before Women's Studies and very recently Gender Studies tried to re-established a kind of balance, even if this last field is still little explored by law historians. The hierarchical structure of Roman society—reputed to have been highly macho—was not necessarily based on a simple sex relationship but on a gender relationship in which the individual's biological sex was not enough to (...) fix his or her identity. Actually, many criteria relating to bodily attitudes in the broad sense (body language, clothing, hygiene, morality, personality etc.) were ultimately more important in assessing an individual's sexual identity. In this complex social game, the Romans could consider the existence of a _tertium genus hominum_ between man and woman. In line with a detailed social analysis and the idea that law is an extension of social culture according to many anthropologists, we have to consider that interpretation of legal texts would require the use of a specific reading grid to assess their gendered issue. The conception of this grid is a major part of the work made by the team operating the ANR HLJP gender project initiated in 2022, for which we developed a specific working method for law history in general that is still being tested for law sources presenting a gendered aspect. Through the exegesis of some roman legal texts relating to public and private spheres organization, we will illustrate how a gender-specific reading grid could possibly refine our knowledge of Roman law. (shrink)