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Screw Consent
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that...
Screw Consent
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that...
Sexuality Studies
Sexuality in general and particularly in India remains an ever enigmatic phenomenon, giving rise to a vast field of academic study across the social and human sciences. Through in-depth theoretical analysis and an array of case studies, this volume establishes a firm analytical framework for sexuality studies in the country.
The Economic Structure of Corporate Law
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
The Homevoter Hypothesis
Just as investors want the companies they hold equity in to do well, homeowners have a financial interest in the success of their communities. If neighborhood schools are good, if property taxes and crime rates are low, then the value of the homeowner’s principal asset—his home—will rise. Thus, as William Fischel shows, homeowners become watchful citizens of local government, not merely to improve their quality of life, but also to counteract the risk to their largest asset, a risk that cannot be diversified. Meanwhile, their vigilance promotes a municipal governance that provides services more efficiently than do the state or national government. Fischel has coined the portmanteau word “homevoter” to crystallize the connection between homeownership and political involvement. The link neatly explains several vexing puzzles, such as why displacement of local taxation by state funds reduces school quality and why local governments are more likely to be efficient providers of environmental amenities. The Homevoter Hypothesis thereby makes a strong case for decentralization of the fiscal and regulatory functions of government.
Sexual States
In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly.
Querying Consent
Querying Consent examines the ways in which the concept of consent is used to map and regulate sexual desire, gender relationships, global positions, technological interfaces, relationships of production and consumption, and literary and artistic interactions. From philosophy to literature, psychoanalysis to the art world, the contributors to Querying Consent address the most uncomfortable questions about consent today. Grounded in theoretical explorations of the entanglement of consent and subjectivity across a range of textual, visual, multi- and digital media, Querying Consent considers the relationships between consent and agency before moving on to trace the concept’s outcomes through a range of investigations of the mutual implication of personhood and self-ownership.
The Routledge History of American Sexuality
The Routledge History of American Sexuality brings together contributions from leading scholars in history and related fields to provide a far-reaching but concrete history of sexuality in the United States. This interdisciplinary group of authors explores a wide variety of case studies and concepts to provide an innovative approach to the history of sexual practices and identities over several centuries. Each chapter interrogates a provocative word or concept to reflect on the complex ideas, debates, and differences of historical and cultural opinions surrounding it. Authors challenge readers to look beyond contemporary identity-based movements in order to excavate the deeper histories of how people have sought sexual pleasure, power, and freedom in the Americas. This book is an invaluable resource for students or scholars seeking to grasp current research on the history of sexuality and is a seminal text for undergraduate and graduate courses on American History, Sexuality Studies, Women's Studies, Gender Studies, or LGBTQ Studies.
Sex and Harm in the Age of Consent
Sex and Harm in the Age of Consent cautions against the adoption of consent as our primary determinant of sexual freedom. For Joseph J. Fischel, consent is not necessarily always ethically sound. It is, he argues, a moralized fiction, and it churns out figures for its normativity: the predatory sex offender and the innocent child. Examining the representation of consent in U.S. law and media culture, Fischel contends that the figures of the sex offender and the child are consent’s alibi, its negative space, enabling fictions that allow consent to do the work cut out for it under late modern sexual politics. Engaging legal, queer, feminist, and political theory, case law and statutory law, and media representations, Fischel proposes that we change our adjudicative terms from innocence, consent, and predation to vulnerability, sexual autonomy, and “peremption,” which he defines as the uncontrolled disqualification of possibility. Such a shift in theory, law, and life would be less damaging for young people, more responsive to sexual violence, and better for sex.
Sexual Politics, Sexual Panics
This special issue of differences provides spirited commentaries on the critical and political stakes of contemporary sexual politics in the United States. In a series of short keyword essays in the first half of the issue, contributors interrogate the implications and assumptions behind significant terms such as #metoo, consent, testimony, solidarity, pedophile, and trigger warning. The second half of the issue features in-depth essays that critique how universities have become spaces for pedagogy around affirmative consent; connect Larry Nassar's serial sexual assaults to feminist writing about the systemic nature of sexual violence; argue for the possibilities for black women's sexual cit...
