Comment on Robin Tapley's paper on whether or not the sexual aspect of sexual harms adds anything to the harm done. I argue it does not based on the grounds Tapley provides.

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

This essay applies the issues raised by Althaus-Reid to feminist theology, the Religious Left, and public policy in the US. Against many feminist theologies, it argues that an idealistic theology of eros has led feminist theologians to ask too much of sex. Particularly in the public arena, sexual ethics should be minimalist, focussing on the prevention of serious public harm and the promotion of sexual and reproductive freedom. The Religious Left, whether under the influence of old Christian anti-sexualism or the (...) newer theologies of eros, has failed to stand for sexual freedom as such and has instead sought to bring abortion rights and gay rights into the realm of sexual decency. The most pernicious example is the Religious Left's tacit acceptance of new public policies that deny women, in particular poor black women, sexual and reproductive freedom outside patriarchal marriage. (shrink)

This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its counterfeits, (...) coercive force, incapacity, and choice of death. (shrink)

There are conceptual riddles concerning the scope of the term 'harm', three of which provide the excuse for this essay, namely, whether there can be such things as purely moral harms (harm to character), vicarious harms (as I shall call them), and posthumous harms. My discussion of these questions will assume without argument the orthodox jurisprudential analysis of harm as invaded interest, not because I think that account is self-evidently correct or luminously perspicuous, but rather because I wish to explore (...) its implications for the borderline cases of harm, the better to test its adequacy, and to determine the respects in which the concept of self-interest still need s clarification. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

This chapter discusses desire theory and how the temporal gap between desires and the states of affairs that satisfy them affects this theory. Satisfaction is not that important in desire theory because even if getting what we want fails to satisfy, we are better off for having got it. The rationale for rejecting hedonistic accounts of well-being in favor of desire theories is the intuition that states of affairs that are not “like” anything for us can harm and benefit us. (...) Sumner, however, suggests that even if we grant the desire theorist’s fundamental assumption that they can make a difference to our well-being, the prospective character of desire, which opens a temporal gap between desires and the states of affairs that satisfy them, undermines the account. (shrink)

I argue that to be compelled to do routine work is to be gravely harmed. Indeed, that pink - collar work is a more serious harm to women than rape. My purpose is to urge politically active feminists and feminist organizations to arrange their priorities accordingly and devote most of their resources to working for the elimination of sex segregation in employment.

I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require the (...) application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition. (shrink)

I argue on utilitarian grounds that while traditional constraints on heterosexual activity, including the prohibition of pre-marital sex and divorce may be justified by appeal to purely secular principles, no comparable prohibitions are justified as regards homosexual activity. Homosexuality is in this respect.

At first blush, the notion a “feminist epistemology” appears, at best, peculiar—not, as Sandra Harding suggests, because “‘woman the knower’ appears to be a contradiction in terms” but because it is hard to see how an epistemology, a philosophical theory of knowledge, can be either feminist or anti-feminist since it is not clear how such a theory might benefit or harm women.

Critics suggest that without some "objective" account of well-being we cannot explain why satisfying some preferences is, as we believe, better than satisfying others, why satisfying some preferences may leave us on net worse off or why, in a range of cases, we should reject life-adjustment in favor of life-improvement. I defend a subjective welfarist understanding of well-being against such objections by reconstructing the Amartya Sen's capability approach as a preferentist account of well-being. According to the proposed account preference satisfaction (...) alone—possible as well as actual—is of value. States of affairs contribute to well-being because and to the extent that they satisfy actual or nearby possible preferences, and are fruitful, that is, compatible with a range states that satisfy further actual or nearby possible preferences. The proposed account solves the problem of adaptive preference. Individuals whose preferences are "deformed" are satisfied with fruitless states of affairs, which constrain their options so that they are incapable of satisfying a wide range of nearby possible preferences—preferences they "could easily have had." Recognizing the value of capabilities as well as actual attainments allows us to explain why individuals who satisfy "deformed" or perverse preferences may not on net benefit from doing so. More fundamentally, it explains why some states are, as Sen suggests, bad, awful or gruesome while others are good, excellent or superb without appeal to any objective account of value. (shrink)

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...) magnitude, probability, risk, and "importance" of harm. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

The legitimacy of criminal law’s concern with offensiveness even in the absence of harm or danger must rest on the intuitive force of the examples given, most of which have been made as extreme as possible and depicted with uncompromising vividness. The seriousness of an offense is determined by four standards: the magnitude of the offense, the standard of reasonable avoidability, the Volenti maxim, and the discounting of abnormal susceptibilities. Having determined the seriousness of a given category of offense based (...) on these standards, the legislator will proceed to balance that seriousness against the reasonableness of various kinds of conduct that can produce it. (shrink)

This article considers how schools are addressing harmful sexual behaviour occurring between students. In the context of policy and school inspection, driven by student disclosures of sexual harm, schools are being required to evidence responses to sexual harassment and abuse within and beyond school. Presenting findings from 14 school audits the article highlights evidence of the levers where schools claim they are achieving well and those where they self-assessed lowest. The findings are based on analysis of 14 school assessments. The (...) findings evidence that schools more readily develop statutory policy processes and are less equipped to address cultural elements driving harmful and unsafe environments. The findings have implications for how schools are supported to address sexual harm and what drives changes in this area. (shrink)

This article distinguishes and evaluates the various forms of legal moralism from a liberal vantage point. It devotes special attention to the most plausible form of the theory, That which is often called "the conservative thesis," and to that supporting argument which is based on the need to prevent "freefloating social-Change evils." freefloating evils are defined as evils that are imputable to human beings but which do not give rise to personal grievances as harms, Offenses, And "harmless exploitative injustices" do. (...) I conclude that the need to prevent such evils is a relevant, But generally inferior, Reason for coercion. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound (...) offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

This paper asks whether the criminal law can have any legitimate concern with obscene language. At most, such a concern could be justified by the need to protect auditors from offense, since it is not plausible to think of exposure to dirty words as harmful or inherently immoral. A distinction is drawn between bare utterance and instant offense, on the one hand, and offensive nuisance and harassment, on the other. Only when obscene language is used to harass can it properly (...) be made criminal. Finally, I criticize in some detail judicial reasoning in the case of F.C.C. v. Pacifica Foundation, and conclude that obscene language on the public media is not properly subject to governmental regulation, whether- by criminal law or otherwise. *** DIRECT SUPPORT *** A9102008 00002. (shrink)

The principle of legal paternalism justifies state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good. Parents can be expected to justify their interference in the lives of their children on the ground that “daddy knows best.” legal paternalism seems to imply that since the state often can know the interests of individual citizens better than the citizens know them themselves, it stands as a (...) permanent guardian of those interests in loco parentis. Put in this blunt way, paternalism seems a preposterous doctrine. If adults are treated as children they will come in time to be like children. Deprived of the right to choose for themselves, they will soon lose the power of rational judgment and decision. Even children, after a certain point, had better not be “treated as children,” else they will never acquire the outlook and capability of responsible adults. (shrink)

Obscene words have the capacity to offend and shock listeners, and in some cases even fill with dread and horror. The class of words that are either obscene, totally disreputable, or naughty enough to be forbidden, is diverse and heterogeneous. These include sexual vulgarities, other “dirty words”, political labels, ethnic slurs, insulting terms, and religious blasphemies. Obscene-to-naughty words and phrases can be classified into two main categories: profanities and vulgarities. Derivative uses of obscenity are discussed.

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding "profound (...) offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

Questions about the use of “inclusive language” in Christian discourse are trivial but the discussion which surrounds them raises an exceedingly important question, namely that of whether gender is theologically salient-whether Christian doctrine either reveals theologically significant differences between men and women or prescribes different roles for them. Arguably both conservative support for sex roles and allegedly progressive doctrines about the theological significance of gender, race, ethnicity and sexual orientation are contrary to the radical teaching of the Gospel that in (...) Christ there is no male or female, Greek or Jew, slave or free man. (shrink)

The author questions himself about what is known as “the paradox of blackmail,” that is, the fact that blackmail is the result of the combination of two ways of behaving which are often both lawful if taken individually, but unlawful once they are connected. The author also examines whether the harm principle typical of liberal orders provides the justification (the rationale) for the assumption of blackmail as a crime, or whether it is instead necessary to turn to another justificatory basis: (...) the exploitation principle. However, as this principle leads to legal moralism, it opposes a liberal ethics. Thus, one is faced with the dilemma of either accepting the harm principle thus decriminalizing blackmail, or accepting the exploitation principle and going against principles of liberalism. To escape this dilemma the author distinguishes between various types (five categories) of blackmail, concluding that only non‐paradoxical types fit the common‐sense expectation of criminalization. (shrink)

The term “pornographic” is a purely descriptive word referring to sexually explicit writing and pictures designed to induce sexual excitement in the reader or observer. To use the terms “obscene” and “pornographic” interchangeably, as if they referred to the same thing, is to beg the question of whether any or all pornographic materials are obscene. Whether any given acknowledged form of pornography is really obscene is an open question to be settled by argument and not by definitional fiat. The following (...) subjects are discussed: the contrast between pornographic writing and literature and drama; artful pornography; pornographic pictorial art, poetry, and program music; how sex can be obscene; the feminist case against pornography; and violent pornography. (shrink)

Selections (with introductions) intended to introduce college students at all levels of sophistication to philosophical problems which grow naturally out of everyday concerns. Emphasis is on moral and social philosophy with which the student is presumed to be familiar: killing and rescuing, racial and sexual equality, liberty and its limitation, love and sexual behavior. No index. Annotation copyrighted by Book News, Inc., Portland, OR.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christian Ethics at the Boundary: Feminism and Theologies of Public Life by Karen V. GuthJulie Hanlon RubioChristian Ethics at the Boundary: Feminism and Theologies of Public Life Karen V. Guth MINNEAPOLIS: FORTRESS PRESS, 2015. 231 pp. $39.00In her promising first book, Karen Guth does "ethics at the boundary," reading the central figures of Martin Luther King Jr., John Howard Yoder, and Reinhold Niebuhr with an uncommon generosity that (...) allows for synthesis and opens up new potential for collective action. She challenges the Christian realists, witness theologians, and liberationists in contemporary Christian ethics to see overlap in their theologies, hear the questions that others bring to their work, and join together in bringing theology to the public square.This moment in politics and political theology seems to call for the kind of argument that Guth wants to make. Polarization in the academy mirrors that of the church and society, and potential for moving beyond it seems more elusive than ever.The key contribution of the book is shedding light on what is often overlooked in three key figures who continue to influence Christian ethics. At the "boundaries" or edges of their work, Guth retrieves Niebuhr's attention to ecclesiology as an essential part of his realist ethic; Yoder's willingness to learn from liberalism and translate theology for a diverse audience; and King's liberation theology of the streets, which enacted transcendence of the witness/realist divide.Equally significant is attention to overlooked feminist themes in all three thinkers. Guth argues that Yoder has the most developed feminist theology (especially evident in unpublished memos, 138–40), whereas King and Niebuhr, though often rightly criticized by feminist thinkers, have in their writings and sermons significant overlap with central feminist themes. By reading King and Niebuhr alongside feminist thinkers, we can begin to see King's "'feminist' and 'womanist' politics of love," which inspires a view of "churches as potential sites of divine creation" (183), and Niebuhr's call for the church to "confess its complicity with the world" for its failures, which coheres with feminist insistence that the church must "confess its complicity in women's [End Page 196] oppression" (111). In retrieving feminist themes, Guth offers a corrective to political theology's frequent lack of attention to sexism.Guth is careful to note that, in their personal lives, all three theologians failed to live up to their professed concern for gender justice. Despite this qualification, it is particularly difficult to read of Yoder's professed feminism in light of the overwhelming allegations of sexual abuse against him by over one hundred women. His perverse theological justification of the abuse and the ongoing tension among Christian ethicists about how to respond compound the problem. In 2017, SCE members held a prayer service to honor the testimony of Yoder's victims and to address the SCE's complicity in the harm done by him. Guth's response is that it is now even more important to correct misperceptions and uphold feminist themes in Yoder's work. However, it seems all but impossible to redeem his thought in this area. Yoder justified his abuse by melding together themes from scripture and liberalism. In light of what we know now, his justification of "revolutionary subordination" (even in the 1994 version of Politics of Jesus) is even more troubling. In these times, silence about Yoder may be the more appropriate way to honor his victims.Still, Guth's emphasis on intellectual charity, her articulation of the desire for beloved community as essential to the ethicist's task, and her willingness to risk standing at the boundary in order to illuminate the common concerns of those who see themselves as opponents are great gifts to Christian ethics. By complicating the reader's location of Yoder, Niebhur, and King, Guth makes a strong case that ethicists can form a better "community of argument" (190). In a course on social ethics, or in public or political theology, reading Guth would provide a way for students to synthesize the contributions of key thinkers, grapple with both personal and theoretical limitations, and think creatively about how to do their work with generosity and humility.Julie... (shrink)

For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility and liability. It will be a collection of interest to anyone working in moral, legal or political (...) philosophy. (shrink)

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

Many scholars and activists have argued that the International Criminal Court holds potential for advancing the rights of women and girls, leading to extensive feminist engagement with and investment in the Court. As the ICC enters its second decade of existence, this article offers a reflection on both the possibilities and the challenges facing feminists. Can the international criminal law really offer a site for enhancing the rights of women? And if so, how? To explore these questions I focus on (...) the interaction between feminist activism and international criminal law institutions in relation to crimes of sexual and gender-based violence. I argue that some of the feminist strategies deployed to get sexual violence onto the international agenda have resulted in perverse outcomes. This should lead us to greater critical reflection regarding how international law conceives of sexual violence and direct our future engagements with international legal institutions. In particular feminist activists and scholars need to move away from focusing on the number of prosecutions towards challenging the international criminal law to characterise the nature of the harm in accordance with a recognition of sexual rights. (shrink)

This article discusses the views of Immanuel Kant on sexual perversion (what he calls "carnal crimes against nature"), as found in his Vorlesung (Lectures on Ethics) and the Metaphysics of Morals (both the Rechtslehre and Tugendlehre). Kant criticizes sexual perversion by appealing to Natural Law and to his Formula of Humanity. Neither argument for the immorality of sexual perversion succeeds.

Ivan is a gifted pianist, but spends most of his time at the keyboard playing simple blues progressions over and over. Sarah is fluent in French, but avoids every opportunity to converse in that language. Greg lives in a household whose kitchen offers an assortment of tantalizing foods, yet he never eats anything except bagels and cream cheese. Melinda has many friends, with whom she would enjoy socializing, but she forgoes their company to devote all her free time to video (...) games. Clive is a champion mountain climber, but has lately taken to never venturing out of the house. Esther has a masters degree in comparative literature, but now reads nothing but Harlequin romances. And Phil is partial to the Allegros in Bach’s Brandenburg Concerti, but only as background music for dancing, not as something to listen to with attention. (shrink)

Epistemic harms associated with sexual violence, such as rape and sexual assault, are often linked to the distrust of the victim's testimonies or their inability to comprehend their own experiences. This chapter aims to demonstrate that the existing literature has largely overlooked other potential epistemic harms directly stemming from sexual violence. By analyzing the cognitive changes related to the fear and anxiety experienced by many victims of sexual violence, the chapter introduces two distinct types of epistemic harms: targeted epistemic harms, (...) which result in the formation of false beliefs about the dangerousness of certain people and contexts, thereby reducing opportunities for gaining specific knowledge from the feared and avoided individuals and contexts; and structural epistemic harms, which bring about profound shifts in core assumptions regarding one’s safety in the world and the trustworthiness of others. (shrink)

With the recent advancements in scientific comprehension of genetics and the decipherment of complex techniques for editing human genomes, liberal eugenics—eugenic ideal premised on the liberal values of autonomy and pluralism that leaves reproductive choices to parents rather than anachronistic statist authoritarian interventions—has inevitably become a polarising conundrum in contemporary liberal societies as to its utility and destructiveness. Focusing on one species of liberal eugenics—namely, genome editing interventions—I contend that liberal eugenics could be harmful—harm herein construed as that which undermines (...) the salient liberal values of equality, autonomy, and pluralism—since it is itself antithetical to the bases of the liberal society. This contention is based upon three premises: first, that individuals are rather seldom rational decision-makers such that leaving all reproductive choices to the whims of individual parents would be immensely counterproductive to future offspring’s right to open future; second, that liberal eugenics—much like its authoritarian antecedent—could intersect with myriad identities, including race, class, sex, disability, and sexual orientation in ways that might exacerbate social divisions, marginalise different groups, and engender homogeneity; and third, that it undermines individual autonomy of the future person as a member of the liberal community, particularly if their capacities and abilities are tailored to fit parents’ specific life projects and putatively reasonable conceptions of the good. The underscored potential malaises of liberal eugenics should, I argue, be discursively negotiated between parents and the state via the development of robust general laws that regulate heritable genome editing interventions to ensure that the welfare of the future persons is prioritised and that the liberal commitment to autonomy is immune to antiliberal perversions. (shrink)

This is the 8th edition of the book, with eight new essays to the volume. Table of contents: Are We Having Sex Now or What? (Greta Christina); Sexual Perversion (Thomas Nagel); Plain Sex (Alan Goldman); Sex and Sexual Perversion (Robert Gray); Masturbation and the Continuum of Sexual Activities (Alan Soble); Love: What’s Sex Got to Do with It? (Natasha McKeever); Is “Loving More” Better? The Values of Polyamory (Elizabeth Brake); What Is Sexual Orientation? (Robin Dembroff); Sexual Orientation: What Is It? (...) (Kathleen Stock); Asexuality (Luke Brunning and Natasha McKeever); LGBTQ ... Z? (Kathy Rudy); How to Be a Pluralist About Gender Categories (Katharine Jenkins); The Negotiative Theory of Gender Identity and the Limits of First-Person Authority (Burkay Ozturk); Racial Sexual Desires (Raja Halwani); Sex and Technology: The Ethics of Virtual Connection (Neil McArthur); A Realist Sexual Ethics (Micah Newman); Sexual Morality and the Concept of Using Another Person (Thomas Mappes); Sexual Use (Alan Soble); Dark Desires (Seiriol Morgan); The Harms of Consensual Sex (Robin West); Casual Sex, Promiscuity, and Objectification (Raja Halwani); Is Prostitution Harmful? (Ole Martin Moen); BDSM (Shaun Miller); Two Views of Sexual Ethics: Promiscuity, Pedophilia, and Rape (David Benatar); Sexual Gifts and Sexual Duties (Alan Soble); A Bibliography of the Philosophy of Sex . (shrink)

Sociologists have identified many factors that mitigate the progressive effects of the legal mobilization to end sexual violence. Within this body of research, however, there is little interrogation about the social construction of sexual harm. I use the case of child sexual abuse to investigate how prosecutors make sense of sexual harm. Data are qualitative interviews with 43 prosecutors. Findings reveal that prosecutors use a framework of sexual identity to construct sexual injury on the child’s body. The perceived harm centers (...) on the anticipated loss of the child’s heterosexual potential. Girl victims are thought to grow into sexual promiscuity, and boy victims are thought to grow into sex offenders. Prosecutorial constructions of child sexual abuse cases are future-oriented, which increases their urgency, and these constructions also imagine the child as a person in formation, rather than a fully actualized person with intrinsic rights. In revealing how the state of sexual victimization is not only deeply gendered but also heteronormative, this research has theoretical implications for childhood studies, queer studies, and anti-violence advocacy. (shrink)

In this essay I examine seven of the best-known attempts to define ‘sexual perversion’. I argue that if these definitions are meant to prescribe our use of ‘sexual perversion’, the definitions are really theoretical definitions, and none can be accepted because the arguments offered in support of the definitions are either incomplete or misdirected. Next, I argue that it is not possible to formulate a definition of ‘sexual perversion’ which captures our ordinary use of the term because common usage indicates (...) that ‘sexual perversion’ is a cluster term. Finally, I consider whether it is possible to develop and defend a theoretical definition of ‘sexual perversion’. I argue that to succeed in this task one must first demonstrate that a particular theory of human nature is true, and that this cannot be done because human nature is an essentially contested concept. (shrink)