Sexual Regulation and the Law


Book Description

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.This collection is founded upon the editors? joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.?




A Guide to America's Sex Laws


Book Description

Sex, although considered by many in our culture the quintessential private activity, is blanketed by a staggering number and variety of laws. This first concise compendium of the nation's sex laws brings together in one place and summarizes the laws regulating personal sexual activity. In doing so, it reveals gaps, anachronisms, anomalies, inequalities, and irrationalities, and provides an empirical basis for studies of sexual regulation. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource to a wide range of persons both within and outside the legal profession - specialists in the regulation of sexual behavior, students of the legislative process, lawyers involved in family and sex law, and anyone interested in social and political issues involving sexual orientation and sexual morality.




The Oxford Handbook of Gender, Sex, and Crime


Book Description

The editors, Rosemary Gartner and Bill McCarthy, have assembled a diverse cast of criminologists, historians, legal scholars, psychologists, and sociologists from a number of countries to discuss key concepts and debates central to the field. The Handbook includes examinations of the historical and contemporary patterns of women's and men's involvement in crime; as well as biological, psychological, and social science perspectives on gender, sex, and criminal activity. Several essays discuss the ways in which sex and gender influence legal and popular reactions to crime. An important theme throughout The Handbook is the intersection of sex and gender with ethnicity, class, age, peer groups, and community as influences on crime and justice. Individual chapters investigate both conventional topics - such as domestic abuse and sexual violence - and topics that have only recently drawn the attention of scholars - such as human trafficking, honor killing, gender violence during war, state rape, and genocide.




Law, Sex, and Christian Society in Medieval Europe


Book Description

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




Regulation of Sexual Conduct in UN Peacekeeping Operations


Book Description

This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General’s Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and ‘sex positive’ feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.




Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century


Book Description

A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.




Criminalizing Sex


Book Description

In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.




Love the Sin


Book Description

A timely study of the troubling links between religion, morality, and sex and the tendancies of secular institutions to use religion to regulate sexual life.




Sexual Health, Human Rights and the Law


Book Description

This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.




Understanding the Well-Being of LGBTQI+ Populations


Book Description

The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.