To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM

This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ??rescue??. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, vulnerability, power and agency might be thought to arise. Does the combination of activities take two singular behaviours into the realm of compound harm? Are those who sell BDSM doubly vulnerable in a way that would justify criminal intervention? This paper argues that in imposing categories of vulnerability, the state engages in the heteronormative construction of risky sexual subjects who must be rehabilitated, responsiblised or punished. Through an examination of existing empirical studies on BDSM, the paper offers a feminist critique of the potential criminalisation of commercial BDSM and calls for more research on the lived experiences of those who buy and sell BDSM.     

Reviews

Rachel Rosenthal . Edited by Moira Roth. Baltimore and London: The Johns Hopkins University Press, 1997.

Mourning Sex: Performing Public Memories . By Peggy Phelan. Routledge, 1997.

Phaedra in Delirium . Written by Susan Yankowitz, directed by Alison Summers, performed by Kathleen Chalfant, Peter Jay Fernandez and Sandra Shipley. Presented by the Women's Project and Productions and the Classic Stage Company, New York City. January 20‐February 15, 1998.

Face to Face . Performed by Peeling the Banana, Second Stage Theatre. New York City, April 27, May 4, May 11, 1998.

Dancing the Self: the Solo Art Form . Featuring choreographers Terry Hollis, Amy Kail, Mark Kenison, Laura Staton, and Kathy Westwater in new solos. The 92nd Street Y Harkness Dance Center, New York City. February 1, 1998.

Jack Smith: Flaming Creature . A museum exhibition at P.S. 1 Contemporary Art Museum, Long Island City, NY, October 29, 1997‐March 1, 1998.     

Levi’s Auschwitz and Dante’s Hell

On reading Primo Levi’s Holocaust memoir If This is a Man, one is immediately struck by its literary quality, and especially its generous use of Dante’s Inferno, both of which point to the more general problem of Holocaust witnessing. This paper focuses on Levi’s reasons for using Dante’s poem in particular to communicate his experience. Levi’s choice of Inferno is pointed, not only because of the obvious trope of existence in Hell, but also because Levi conceived of Auschwitz as an experiment designed to destroy the “human,” created in part, at least in the West, by Dante’s poem. What I will be suggesting is that Levi emphasizes the distinctions between his and Dante’s experiences by including in his conversation with Dante’s Inferno (paradoxically) his rejection of that conversation. There may or may not be something “human” which persists after Auschwitz, and the only way to ask this question, without preconceiving an answer, is to dramatize silence. The resultant ambiguity urges readers to, as Levi puts it, “participate in” the events described and/or dramatized.

Representative bureaucracy and impartial policing

Representative bureaucracy theory expects minority bureaucrats to advance the interests of minority citizens. Yet, little attention has been given to the variation in the acceptability, incentives and risks of representation across bureaucratic domains. Analysis of over two million police vehicle stops from four different US departments reveals that African American police officers do not treat African Americans preferentially, yet they mitigate existing racial disparities in policing. Compared with White officers, African Americans seem less disposed to use their discretion. They are disinclined to search drivers, yet inclined to cite them, displaying comparatively low disparities across social groups. These findings extend to pure traffic violations, and are robust to entropy balancing reweighting. We provisionally attribute African American police officers' impartial policing style to their compelling need to display their performance, and avoid blame, amidst intra‐organizational pressures and risks ensuing from the political salience of the police's clash with minority communities.     

Responding to violence against women: social science contributions to legal solutions

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.     

Out of Time: The Moral Temporality of Sex, Crime and Taboo

This paper discusses the relationship between law and morality. Morality does not necessarily coincide with the law, but it contributes to it. An act may be legal but nevertheless considered to be immoral in a particular society. For example, the use of pornography may be considered by many to be immoral. Nevertheless, the sale and distribution of non-violent, non-child related, sexually explicit material is legal (or regulated) in many jurisdictions. Many laws are informed by, and even created by, morality. This paper examines the historical influence of morality on the law and on society in general. It aims to develop a theoretical framework for examining legal moralism and the social construction of morality and crime as well as the relationship between sex, desire and taboo. Here, we refer to the moral temporality of sex and taboo, which examines the way in which moral judgments about sex and what is considered taboo change over time, and the kinds of justifications that are employed in support of changing moralities. It unpacks the way in which abstract and highly tenuous concepts such as “desire”, “art” and “entertainment” may be “out of time” with morality, and how morality shapes laws over time, fabricating justifications from within socially constructed communities of practice. This theoretical framework maps the way in which these concepts have become temporally dominated by heteronormative structures such as the family, marriage, reproduction, and longevity. It is argued that the logic of these structures is inexorably tied to the heterosexual life-path, charting individual lives and relationships through explicit phases of childhood, adolescence and adulthood that, in the twenty-first century, delimit the boundaries of taboo surrounding sex more than any other time in history.