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Provides a variety of queer, interdisciplinary interventions upon
the social and legal regulation of sex, gender, reproduction, and
family. In Enticements, an exceptional group of interdisciplinary
scholars comes together to contribute to the field of Queer Legal
Studies. The essays investigate a wildly proliferating assortment
of genders, sexualities, and intimacies, questioning how they have
been regulated, criminalized, or privileged by law and other
regulatory forces. Enticements expands and expounds on the
discipline of queer legal studies. Contributors focus on a wide
range of sex/gender regulatory regimes, interrogating the use and
abuse of queer history for impact litigation and social change,
colonial and postcolonial sex laws otherwise obscured by the modern
LGBT paradigm of sexual identity, and the policing of trans and cis
men. Moving beyond a focus on LGBT identities, contributors
consider limits to reproductive freedom, the Christianization of
social justice movements, and the politicization of care within and
across Black and feminist studies. Accessible and forward-looking,
Enticements consolidates and emboldens queer legal studies as a
critical, necessary field for the historical present. With noted
contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa
Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet
Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni
Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew
Waites.
Provides a variety of queer, interdisciplinary interventions upon
the social and legal regulation of sex, gender, reproduction, and
family. In Enticements, an exceptional group of interdisciplinary
scholars comes together to contribute to the field of Queer Legal
Studies. The essays investigate a wildly proliferating assortment
of genders, sexualities, and intimacies, questioning how they have
been regulated, criminalized, or privileged by law and other
regulatory forces. Enticements expands and expounds on the
discipline of queer legal studies. Contributors focus on a wide
range of sex/gender regulatory regimes, interrogating the use and
abuse of queer history for impact litigation and social change,
colonial and postcolonial sex laws otherwise obscured by the modern
LGBT paradigm of sexual identity, and the policing of trans and cis
men. Moving beyond a focus on LGBT identities, contributors
consider limits to reproductive freedom, the Christianization of
social justice movements, and the politicization of care within and
across Black and feminist studies. Accessible and forward-looking,
Enticements consolidates and emboldens queer legal studies as a
critical, necessary field for the historical present. With noted
contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa
Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet
Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni
Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew
Waites.
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 the consent paradigm,
while necessary for effective sexual assault law, diminishes and
perverts our ideas about desire, pleasure, and injury. In addition
to the criticisms against consent leveled by feminist theorists of
earlier generations, Fischel elevates three more: consent is
insufficient, inapposite, and riddled with scope contradictions for
regulating and imagining sex. Fischel proposes instead that sexual
justice turns more productively on concepts of sexual autonomy and
access. Clever, witty, and adeptly researched, Screw Consent
promises to change how we understand consent, sexuality, and law in
the United States today.
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 the consent paradigm,
while necessary for effective sexual assault law, diminishes and
perverts our ideas about desire, pleasure, and injury. In addition
to the criticisms against consent leveled by feminist theorists of
earlier generations, Fischel elevates three more: consent is
insufficient, inapposite, and riddled with scope contradictions for
regulating and imagining sex. Fischel proposes instead that sexual
justice turns more productively on concepts of sexual autonomy and
access. Clever, witty, and adeptly researched, Screw Consent
promises to change how we understand consent, sexuality, and law in
the United States today.
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.
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