Amy G. Mazur
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199246724
- eISBN:
- 9780191599859
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246726.003.0009
- Subject:
- Political Science, Comparative Politics
In the first section, the analysis defines the general feminist aims and parameters of the second type of Body Politics Policy: Sexuality and Violence Policy. It then discusses the range and timing ...
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In the first section, the analysis defines the general feminist aims and parameters of the second type of Body Politics Policy: Sexuality and Violence Policy. It then discusses the range and timing of policies found in the 13 countries and closes with a discussion of the criteria for selecting the four policy cases covered in the chapter. Sexuality and violence policies aim to help women in situations of domestic violence and in their sexual activities, unwanted or wanted. In the second section, the results of the analysis of the policy case literature on the dynamics of feminist policy formation is presented for the following four cases: The 1992 Zero Tolerance Campaign in Edinburgh; Public Funding of Women's Shelters in Sweden, 1978–95; Spanish Sexual Harassment Reform in 1989; and French Sexual Harassment Reform in 1922. The analysis concludes that the most important factors in determining feminist policy success in this particular sub‐sector of feminist policy may be cultural attitudes about sexual relations, local political dynamics, and the type of legal system.Less
In the first section, the analysis defines the general feminist aims and parameters of the second type of Body Politics Policy: Sexuality and Violence Policy. It then discusses the range and timing of policies found in the 13 countries and closes with a discussion of the criteria for selecting the four policy cases covered in the chapter. Sexuality and violence policies aim to help women in situations of domestic violence and in their sexual activities, unwanted or wanted. In the second section, the results of the analysis of the policy case literature on the dynamics of feminist policy formation is presented for the following four cases: The 1992 Zero Tolerance Campaign in Edinburgh; Public Funding of Women's Shelters in Sweden, 1978–95; Spanish Sexual Harassment Reform in 1989; and French Sexual Harassment Reform in 1922. The analysis concludes that the most important factors in determining feminist policy success in this particular sub‐sector of feminist policy may be cultural attitudes about sexual relations, local political dynamics, and the type of legal system.
Alan Wertheimer
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335149
- eISBN:
- 9780199866335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335149.003.0008
- Subject:
- Philosophy, Moral Philosophy
This chapter focuses on the question of when a person's consent to sexual relations is morally transformative. For example, if one consents while intoxicated or after one has been deceived, is it ...
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This chapter focuses on the question of when a person's consent to sexual relations is morally transformative. For example, if one consents while intoxicated or after one has been deceived, is it permissible for the other party to proceed? It develops a general account of the criteria of moral transformative consent (CMT), a set of criteria that itself can take two forms: the criteria of morally transformative consent for the law (CMTL) and the criteria of morally transformative consent for morality (CMTM). Both versions of CMT are moral criteria, but the criteria that indicate when consent should—as a moral matter—be regarded as legally permissible are not identical to the criteria that indicate when a person's consent renders another's action morally permissible.Less
This chapter focuses on the question of when a person's consent to sexual relations is morally transformative. For example, if one consents while intoxicated or after one has been deceived, is it permissible for the other party to proceed? It develops a general account of the criteria of moral transformative consent (CMT), a set of criteria that itself can take two forms: the criteria of morally transformative consent for the law (CMTL) and the criteria of morally transformative consent for morality (CMTM). Both versions of CMT are moral criteria, but the criteria that indicate when consent should—as a moral matter—be regarded as legally permissible are not identical to the criteria that indicate when a person's consent renders another's action morally permissible.
Paul Griffiths
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198204756
- eISBN:
- 9780191676390
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204756.003.0006
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter examines the courtship, sexual behaviour, and household life of youth in Tudor and Stuart England. It analyses the historiography and existing interpretations of sexual behaviour and ...
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This chapter examines the courtship, sexual behaviour, and household life of youth in Tudor and Stuart England. It analyses the historiography and existing interpretations of sexual behaviour and mentalities of youth during this period. It contends that the youth defied generalization and this is particularly applicable in their sexual relations. It suggests that the tale of celibate youth in England rests upon very shaky methodological roots and that insufficient attention has been given to forms of sexual pleasure which fall short of full intercourse.Less
This chapter examines the courtship, sexual behaviour, and household life of youth in Tudor and Stuart England. It analyses the historiography and existing interpretations of sexual behaviour and mentalities of youth during this period. It contends that the youth defied generalization and this is particularly applicable in their sexual relations. It suggests that the tale of celibate youth in England rests upon very shaky methodological roots and that insufficient attention has been given to forms of sexual pleasure which fall short of full intercourse.
Franklin Miller and Alan Wertheimer (eds)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335149
- eISBN:
- 9780199866335
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335149.001.0001
- Subject:
- Philosophy, Moral Philosophy
Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and ...
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Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.Less
Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
Wenqing Kang
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9789622099807
- eISBN:
- 9789882207233
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622099807.003.0003
- Subject:
- Society and Culture, Asian Studies
This chapter looks at the content of various Western sexological writings about homosexuality. The dissemination of this new knowledge across China meant that attention shifted toward sexual ...
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This chapter looks at the content of various Western sexological writings about homosexuality. The dissemination of this new knowledge across China meant that attention shifted toward sexual relations between men who shared the same social status. Also, the chapter looks into how the motivations of those who introduced “sexuality” as a term may have linked the term with the political and social contexts of colonial modernity. “Homosexuality” could refer to same-sex sex(uality) or same-sex love at the same time. This term was seen in manuals for sexual education, journals, and urban tabloid newspapers. Male same-sex relations were the subject of several heated debates in educational books and journals that expressed interest toward Western sexological ideas. This chapter first discusses the debate between Hu Qiuyuan and Yang Youtian, the questions brought about by the new homosexuality concept, and Pan Guangdan's 1946 sexological treaties.Less
This chapter looks at the content of various Western sexological writings about homosexuality. The dissemination of this new knowledge across China meant that attention shifted toward sexual relations between men who shared the same social status. Also, the chapter looks into how the motivations of those who introduced “sexuality” as a term may have linked the term with the political and social contexts of colonial modernity. “Homosexuality” could refer to same-sex sex(uality) or same-sex love at the same time. This term was seen in manuals for sexual education, journals, and urban tabloid newspapers. Male same-sex relations were the subject of several heated debates in educational books and journals that expressed interest toward Western sexological ideas. This chapter first discusses the debate between Hu Qiuyuan and Yang Youtian, the questions brought about by the new homosexuality concept, and Pan Guangdan's 1946 sexological treaties.
Jeffrey M. Shaman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195334340
- eISBN:
- 9780199868773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195334340.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses laws regulating sexual relations between consenting adults (married or not) and laws regulating gay and lesbian sexual relations. At one time, all of the states adopted ...
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This chapter discusses laws regulating sexual relations between consenting adults (married or not) and laws regulating gay and lesbian sexual relations. At one time, all of the states adopted criminal laws forbidding sodomy and many states also criminally prohibited fornication and adultery. In modern times, state courts began to rule that these criminal laws were unconstitutional. These decisions were part of a growing recognition that an individual's sex life was a private matter that simply was no business of the government. In 1992, the Kentucky Supreme Court ruled that a statute making it a crime to engage in sexual relations with a person of the same sex violated the rights of individual liberty and equal treatment guaranteed by the state constitution. Several other state courts rendered similar decisions, eventually leading the United States Supreme Court to follow suit and overrule its previous decision to the contrary.Less
This chapter discusses laws regulating sexual relations between consenting adults (married or not) and laws regulating gay and lesbian sexual relations. At one time, all of the states adopted criminal laws forbidding sodomy and many states also criminally prohibited fornication and adultery. In modern times, state courts began to rule that these criminal laws were unconstitutional. These decisions were part of a growing recognition that an individual's sex life was a private matter that simply was no business of the government. In 1992, the Kentucky Supreme Court ruled that a statute making it a crime to engage in sexual relations with a person of the same sex violated the rights of individual liberty and equal treatment guaranteed by the state constitution. Several other state courts rendered similar decisions, eventually leading the United States Supreme Court to follow suit and overrule its previous decision to the contrary.
Jonathan Burnside
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199759217
- eISBN:
- 9780199827084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199759217.003.0012
- Subject:
- Law, Public International Law
This chapter looks at how the biblical laws of marriage, divorce, and sexual relations were interpreted during the Second Temple (or intertestamental) period, with reference to the writers of the ...
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This chapter looks at how the biblical laws of marriage, divorce, and sexual relations were interpreted during the Second Temple (or intertestamental) period, with reference to the writers of the Dead Sea Scrolls and the followers of Jesus. It shows that there is considerable fluidity between literary genres that are nowadays regarded as distinct and that the early chapters of Genesis were often crucial to legal interpretation. Despite fundamental differences between the Qumran community and the New Testament writers, the laws of marriage, divorce, and remarriage were important to both groups as a means of championing a particular attitude towards Moses, the purposes of God, and the eschaton (the end of the present age). The chapter argues that interpretations of biblical law (including on the question of divorce and remarriage) helped to define the identity of both religious groups, particularly in relation to their opponents.Less
This chapter looks at how the biblical laws of marriage, divorce, and sexual relations were interpreted during the Second Temple (or intertestamental) period, with reference to the writers of the Dead Sea Scrolls and the followers of Jesus. It shows that there is considerable fluidity between literary genres that are nowadays regarded as distinct and that the early chapters of Genesis were often crucial to legal interpretation. Despite fundamental differences between the Qumran community and the New Testament writers, the laws of marriage, divorce, and remarriage were important to both groups as a means of championing a particular attitude towards Moses, the purposes of God, and the eschaton (the end of the present age). The chapter argues that interpretations of biblical law (including on the question of divorce and remarriage) helped to define the identity of both religious groups, particularly in relation to their opponents.
Michael David Sibalis
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780195093032
- eISBN:
- 9780199854493
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195093032.003.0005
- Subject:
- History, European Modern History
This chapter examines the history of the regulation of male homosexuality in France during the period from 1789 to 1815. Consensual sexual relations between adults of the same sex has been legal in ...
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This chapter examines the history of the regulation of male homosexuality in France during the period from 1789 to 1815. Consensual sexual relations between adults of the same sex has been legal in France for two centuries and this is usually attributed to the influence of Jean-Jacques-Régis de Cambacérès as second consul and then arch chancellor under Napoleon Bonaparte's government. However, Napoleon's government never showed itself particularly tolerant of homosexual activity and it was determined to enforce the highest moral standards in France. Though the law no longer penalized “crimes against nature”, the government never hesitated to take repressive action against pederasts and sodomites.Less
This chapter examines the history of the regulation of male homosexuality in France during the period from 1789 to 1815. Consensual sexual relations between adults of the same sex has been legal in France for two centuries and this is usually attributed to the influence of Jean-Jacques-Régis de Cambacérès as second consul and then arch chancellor under Napoleon Bonaparte's government. However, Napoleon's government never showed itself particularly tolerant of homosexual activity and it was determined to enforce the highest moral standards in France. Though the law no longer penalized “crimes against nature”, the government never hesitated to take repressive action against pederasts and sodomites.
Lyndal Roper
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202806
- eISBN:
- 9780191675522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202806.003.0005
- Subject:
- History, European Early Modern History
This chapter focuses on the transformation of the role of marriage in the society. During the Reformation in Augsburg, marriage was placed at the heart of economic, moral, and social ordering. For ...
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This chapter focuses on the transformation of the role of marriage in the society. During the Reformation in Augsburg, marriage was placed at the heart of economic, moral, and social ordering. For both sexes, independence within the household was tied to marriage. Moreover, the importance of weddings and other rituals and festivity in the society increased. However, this conflicted with the definitions of masterhood in the place of marriage. Furthermore, the forms of wedding celebration provided a complex echo of some of the shifts in belief and the effects of the moral reformist movement in Augsburg. There were changes in wedding rituals and festivity in Augsburg caused by the Reformation. Some changes were institutional and even concerned with the new Church, the Council, and the guilds. Furthermore, other conflicts revolved around sexual relations on what it ought to mean to be a man or a woman.Less
This chapter focuses on the transformation of the role of marriage in the society. During the Reformation in Augsburg, marriage was placed at the heart of economic, moral, and social ordering. For both sexes, independence within the household was tied to marriage. Moreover, the importance of weddings and other rituals and festivity in the society increased. However, this conflicted with the definitions of masterhood in the place of marriage. Furthermore, the forms of wedding celebration provided a complex echo of some of the shifts in belief and the effects of the moral reformist movement in Augsburg. There were changes in wedding rituals and festivity in Augsburg caused by the Reformation. Some changes were institutional and even concerned with the new Church, the Council, and the guilds. Furthermore, other conflicts revolved around sexual relations on what it ought to mean to be a man or a woman.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804700757
- eISBN:
- 9780804769822
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804700757.003.0005
- Subject:
- Literature, World Literature
Twentieth-century Chinese fiction has tackled the long discourse of the countryside that brought to the fore conflicts between revolution and modernity. One writer who explored the countryside or ...
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Twentieth-century Chinese fiction has tackled the long discourse of the countryside that brought to the fore conflicts between revolution and modernity. One writer who explored the countryside or village life through memories was Shen Congwen, who is often associated with the term “nativism” (xiangtu) in modern Chinese literature. This chapter analyzes two Chinese novels that are set during the Cultural Revolution: Wild Things (1994) by Mang Ke and The Golden Years (1991) by Wang Xiaobo. Both narratives tackle spiritual aspects of the countryside as it was imagined under revolutionary culture. Wild Things disallows the countryside as a site of intellectual rejuvenation and anti-civilization symbolism, while The Golden Years establishes—but never directly represents—revolutionary time as an abstract notion and offers an idiosyncratic depiction of sexual relations. The essentially temporal vision in The Golden Years complements the spatial orientation in Wild Things.Less
Twentieth-century Chinese fiction has tackled the long discourse of the countryside that brought to the fore conflicts between revolution and modernity. One writer who explored the countryside or village life through memories was Shen Congwen, who is often associated with the term “nativism” (xiangtu) in modern Chinese literature. This chapter analyzes two Chinese novels that are set during the Cultural Revolution: Wild Things (1994) by Mang Ke and The Golden Years (1991) by Wang Xiaobo. Both narratives tackle spiritual aspects of the countryside as it was imagined under revolutionary culture. Wild Things disallows the countryside as a site of intellectual rejuvenation and anti-civilization symbolism, while The Golden Years establishes—but never directly represents—revolutionary time as an abstract notion and offers an idiosyncratic depiction of sexual relations. The essentially temporal vision in The Golden Years complements the spatial orientation in Wild Things.
Mark Bevir
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691150833
- eISBN:
- 9781400840281
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691150833.001.0001
- Subject:
- Political Science, UK Politics
This book provides a new interpretation of the emergence of British socialism in the late nineteenth century, demonstrating that it was not a working-class movement demanding state action, but a ...
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This book provides a new interpretation of the emergence of British socialism in the late nineteenth century, demonstrating that it was not a working-class movement demanding state action, but a creative campaign of political hope promoting social justice, personal transformation, and radical democracy. The book shows that British socialists responded to the dilemmas of economics and faith against a background of diverse traditions, melding new economic theories opposed to capitalism with new theologies which argued that people were bound in divine fellowship. The book utilizes an impressive range of sources to illuminate a number of historical questions: Why did the British Marxists follow a Tory aristocrat who dressed in a frock coat and top hat? Did the Fabians develop a new economic theory? What was the role of Christian theology and idealist philosophy in shaping socialist ideas? The book explores debates about capitalism, revolution, the simple life, sexual relations, and utopian communities. It gives detailed accounts of the Marxists, Fabians, and ethical socialists, including famous authors such as William Morris and George Bernard Shaw. And it locates these socialists among a wide cast of colorful characters, including Karl Marx, Henry Thoreau, Leo Tolstoy, and Oscar Wilde. By showing how socialism combined established traditions and new ideas in order to respond to the changing world of the late nineteenth century, the book turns aside long-held assumptions about the origins of a major movement.Less
This book provides a new interpretation of the emergence of British socialism in the late nineteenth century, demonstrating that it was not a working-class movement demanding state action, but a creative campaign of political hope promoting social justice, personal transformation, and radical democracy. The book shows that British socialists responded to the dilemmas of economics and faith against a background of diverse traditions, melding new economic theories opposed to capitalism with new theologies which argued that people were bound in divine fellowship. The book utilizes an impressive range of sources to illuminate a number of historical questions: Why did the British Marxists follow a Tory aristocrat who dressed in a frock coat and top hat? Did the Fabians develop a new economic theory? What was the role of Christian theology and idealist philosophy in shaping socialist ideas? The book explores debates about capitalism, revolution, the simple life, sexual relations, and utopian communities. It gives detailed accounts of the Marxists, Fabians, and ethical socialists, including famous authors such as William Morris and George Bernard Shaw. And it locates these socialists among a wide cast of colorful characters, including Karl Marx, Henry Thoreau, Leo Tolstoy, and Oscar Wilde. By showing how socialism combined established traditions and new ideas in order to respond to the changing world of the late nineteenth century, the book turns aside long-held assumptions about the origins of a major movement.
Youm Yoosik and Paik Anthony
- Published in print:
- 2004
- Published Online:
- February 2013
- ISBN:
- 9780226470313
- eISBN:
- 9780226470337
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226470337.003.0006
- Subject:
- Sociology, Urban and Rural Studies
This chapter investigates the variety and social consequences of sexual-matching strategies employed by men and women in their interactions with sex markets. This issue—how men and women participate ...
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This chapter investigates the variety and social consequences of sexual-matching strategies employed by men and women in their interactions with sex markets. This issue—how men and women participate in sex markets—has theoretical and empirical import. One feature of sex markets is their tendency to be either transactional or relational. The chapter takes the perspective of the individual and focuses on individual decision making. Like sex markets, individuals can have either transactional or relational strategies. However, the chapter argues that individuals frequently deploy a hybrid strategy of maintaining concurrent sexual relations, a topic that has received scant attention in sociological research. Moreover, the distribution of these different sex-market strategies among everyday Americans has important implications for several outcomes, including out-of-wedlock fertility, sexually transmitted infections, and, marriage.Less
This chapter investigates the variety and social consequences of sexual-matching strategies employed by men and women in their interactions with sex markets. This issue—how men and women participate in sex markets—has theoretical and empirical import. One feature of sex markets is their tendency to be either transactional or relational. The chapter takes the perspective of the individual and focuses on individual decision making. Like sex markets, individuals can have either transactional or relational strategies. However, the chapter argues that individuals frequently deploy a hybrid strategy of maintaining concurrent sexual relations, a topic that has received scant attention in sociological research. Moreover, the distribution of these different sex-market strategies among everyday Americans has important implications for several outcomes, including out-of-wedlock fertility, sexually transmitted infections, and, marriage.
Ulinka Rublack
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780198208860
- eISBN:
- 9780191678165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208860.003.0008
- Subject:
- History, European Early Modern History
The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial ...
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The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial records have illuminated the family histories, material conditions, life experiences, and social practices of women who are not often written about: the thieves and maidservants, day-labourers, artisan wives, and single mothers of early modern Germany. Court records thus point to a seventeenth-century tightening of patriarchal values through the enforced prosecution of illegitimate sexual relations, bastard-bearing, and infanticide. This was linked to efforts to naturalize maternal love and praise chastity and marriage as women's sole avenues towards respectability.Less
The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial records have illuminated the family histories, material conditions, life experiences, and social practices of women who are not often written about: the thieves and maidservants, day-labourers, artisan wives, and single mothers of early modern Germany. Court records thus point to a seventeenth-century tightening of patriarchal values through the enforced prosecution of illegitimate sexual relations, bastard-bearing, and infanticide. This was linked to efforts to naturalize maternal love and praise chastity and marriage as women's sole avenues towards respectability.
Laura Gowing
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198207634
- eISBN:
- 9780191677755
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207634.003.0005
- Subject:
- History, British and Irish Early Modern History, Social History
The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, ...
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The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, pleading or denying proofs of contracts to marry; after it, they came to obtain separation, on the grounds that the marital relationship had been destroyed. Testimonies in both cases describe at length the economic, affectional, and sexual relations that constituted conjugality, and the different parts men and women were expected to play both before and during marriage. Before marriage, litigation came to the court on the grounds of broken contracts of marriage. In London as elsewhere, cases of disputed marriage contracts were becoming rare in the late sixteenth century. They came to the church courts, as part of the spiritual jurisdiction's authority over the conjugal state, only when other formal and informal attempts at conciliation failed. The words of betrothal that formed the centrepiece of so many contract suits took place in a particular context: courtship in the presence of family, friends, and neighbours.Less
The moral culture of sexual honour centred on the marital relationship. Before the solemnization of marriage, couples came to the court in battles over the establishment of a conjugal relationship, pleading or denying proofs of contracts to marry; after it, they came to obtain separation, on the grounds that the marital relationship had been destroyed. Testimonies in both cases describe at length the economic, affectional, and sexual relations that constituted conjugality, and the different parts men and women were expected to play both before and during marriage. Before marriage, litigation came to the court on the grounds of broken contracts of marriage. In London as elsewhere, cases of disputed marriage contracts were becoming rare in the late sixteenth century. They came to the church courts, as part of the spiritual jurisdiction's authority over the conjugal state, only when other formal and informal attempts at conciliation failed. The words of betrothal that formed the centrepiece of so many contract suits took place in a particular context: courtship in the presence of family, friends, and neighbours.
Mark D. West
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449475
- eISBN:
- 9780801461026
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449475.003.0004
- Subject:
- Society and Culture, Asian Studies
This chapter considers the assumptions of the Japanese judiciary regarding consensual sex, assumptions the Japanese judiciary reveal as they carefully investigate very personal, private matters. It ...
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This chapter considers the assumptions of the Japanese judiciary regarding consensual sex, assumptions the Japanese judiciary reveal as they carefully investigate very personal, private matters. It first examines what courts label as “common sense” notions of appropriate sexual practices, which often are conservative and almost always involve a substitution of the parties' view of appropriateness with that of the court. It then turns to the kinds of people who are appropriate sexual partners. In some cases, judges find certain partners to be wholly inappropriate; in other cases, judges protect fragile females, but they make surprising concessions to would-be suitors if those men display the requisite emotions. Finally, the chapter looks at normal, assumed birth control practices, focusing on the widespread use of abortion. In these cases, judges do not moralize; they seem completely oblivious to the underlying ideas their stories reveal. In all of these cases, judges conduct thorough investigations of sexual practices, emotions, and relationships, and they often seem less than thrilled with their findings.Less
This chapter considers the assumptions of the Japanese judiciary regarding consensual sex, assumptions the Japanese judiciary reveal as they carefully investigate very personal, private matters. It first examines what courts label as “common sense” notions of appropriate sexual practices, which often are conservative and almost always involve a substitution of the parties' view of appropriateness with that of the court. It then turns to the kinds of people who are appropriate sexual partners. In some cases, judges find certain partners to be wholly inappropriate; in other cases, judges protect fragile females, but they make surprising concessions to would-be suitors if those men display the requisite emotions. Finally, the chapter looks at normal, assumed birth control practices, focusing on the widespread use of abortion. In these cases, judges do not moralize; they seem completely oblivious to the underlying ideas their stories reveal. In all of these cases, judges conduct thorough investigations of sexual practices, emotions, and relationships, and they often seem less than thrilled with their findings.
Michael Mason
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198122470
- eISBN:
- 9780191671425
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198122470.003.0003
- Subject:
- Literature, 19th-century and Victorian Literature
This chapter deals with patterns in sexual behavior in 19th-century England and Wales. It focuses on the most widespread shifts and stabilities in heterosexual marital and extra-marital sexual ...
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This chapter deals with patterns in sexual behavior in 19th-century England and Wales. It focuses on the most widespread shifts and stabilities in heterosexual marital and extra-marital sexual relations and their procreative outcome. In 19th-century England and Wales social rank and sexual codes went hand in hand. According to the radical Sir Richard Phillips it was the moral opinion of the general public which checked the sexual license of the English elite. Sexual mores were also linked with the changing patterns of demography, such as the slowing down of the growth of industrial centers in England and Wales in this period.Less
This chapter deals with patterns in sexual behavior in 19th-century England and Wales. It focuses on the most widespread shifts and stabilities in heterosexual marital and extra-marital sexual relations and their procreative outcome. In 19th-century England and Wales social rank and sexual codes went hand in hand. According to the radical Sir Richard Phillips it was the moral opinion of the general public which checked the sexual license of the English elite. Sexual mores were also linked with the changing patterns of demography, such as the slowing down of the growth of industrial centers in England and Wales in this period.
Carrie Hamilton
- Published in print:
- 2012
- Published Online:
- July 2014
- ISBN:
- 9780807835197
- eISBN:
- 9781469601885
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807882511_hamilton.8
- Subject:
- History, Latin American History
This chapter presents a kitchen conversation in Havana in late 2006, excerpted from the author's research diary. It does not necessarily present any truths about gender and sexual relations in early ...
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This chapter presents a kitchen conversation in Havana in late 2006, excerpted from the author's research diary. It does not necessarily present any truths about gender and sexual relations in early twenty-first-century Cuba. It is the author's memory—recorded the day after the events—and reflects her impressions and interests as much as the views of the Cuban women involved. These women were, to some extent, performing for the author, the only foreigner in the room. Her presence as a non-Cuban allowed four women who may not have under other circumstances perceived themselves as a collective to position themselves as “Cuban women” in order to impress upon the author something about another collective entity, “Cuban men.”Less
This chapter presents a kitchen conversation in Havana in late 2006, excerpted from the author's research diary. It does not necessarily present any truths about gender and sexual relations in early twenty-first-century Cuba. It is the author's memory—recorded the day after the events—and reflects her impressions and interests as much as the views of the Cuban women involved. These women were, to some extent, performing for the author, the only foreigner in the room. Her presence as a non-Cuban allowed four women who may not have under other circumstances perceived themselves as a collective to position themselves as “Cuban women” in order to impress upon the author something about another collective entity, “Cuban men.”
David Nirenberg
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780226168937
- eISBN:
- 9780226169095
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226169095.003.0006
- Subject:
- History, European Medieval History
This chapter looks at how the 1391 massacres/mass conversions of 1391 affected the ways diverse communities of Christians, Muslims, and Jews imagined themselves in terms of each other through ...
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This chapter looks at how the 1391 massacres/mass conversions of 1391 affected the ways diverse communities of Christians, Muslims, and Jews imagined themselves in terms of each other through interfaith sexual relations, outlining the common logics and enduring metaphors of sex that medieval Christian, Jewish, and Muslim communities used to help define/identify themselves as a collective and heighten the barriers of honor (with which that collective surrounded itself), and discussing the various ways the 1391 conversions of Jewish communities affected Christian anxieties about sexual boundaries. Conversions provoked a Christian “identity crisis” that sharply constricted available space for religious diversity in the Peninsula. It was a very different crisis from the later ones that would transform Iberia into a land of inquisitors and pure-blood statutes, with Christians in the years immediately after 1391 concerned not that religious identity was unchanging but rather the opposite--that the disappearance of the Jews and the emergence of the conversos would undermine the distinctive value/meaning of Christian identity. Correspondingly, their attention was not focused on the religious practices of the converts or on establishing differences between Old Christian and New, but on reinforcing what they took to be the more fundamental Christian/Jewish sexual boundaries.Less
This chapter looks at how the 1391 massacres/mass conversions of 1391 affected the ways diverse communities of Christians, Muslims, and Jews imagined themselves in terms of each other through interfaith sexual relations, outlining the common logics and enduring metaphors of sex that medieval Christian, Jewish, and Muslim communities used to help define/identify themselves as a collective and heighten the barriers of honor (with which that collective surrounded itself), and discussing the various ways the 1391 conversions of Jewish communities affected Christian anxieties about sexual boundaries. Conversions provoked a Christian “identity crisis” that sharply constricted available space for religious diversity in the Peninsula. It was a very different crisis from the later ones that would transform Iberia into a land of inquisitors and pure-blood statutes, with Christians in the years immediately after 1391 concerned not that religious identity was unchanging but rather the opposite--that the disappearance of the Jews and the emergence of the conversos would undermine the distinctive value/meaning of Christian identity. Correspondingly, their attention was not focused on the religious practices of the converts or on establishing differences between Old Christian and New, but on reinforcing what they took to be the more fundamental Christian/Jewish sexual boundaries.
Hammond Paul
- Published in print:
- 2002
- Published Online:
- October 2011
- ISBN:
- 9780198186922
- eISBN:
- 9780191674617
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198186922.003.0002
- Subject:
- Literature, 17th-century and Restoration Literature, Shakespeare Studies
This chapter addresses the question of how sex between men was figured rhetorically, drawing attention to two distinctive features of those literary texts which represent such desires—both those ...
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This chapter addresses the question of how sex between men was figured rhetorically, drawing attention to two distinctive features of those literary texts which represent such desires—both those which are hostile and those which are celebratory. The first feature is the careful use of definition and indefinition. Writers wishing to voice love between men often develop strategies which allow such desire to be identified, while also inviting readers to construe it as something other than sexual—as masculine friendship, as religious devotion. By contrast, writers condemning such desires as diabolical sodomy may insist upon punitive definitions, turning the complexities of real human beings into caricatures, into monsters. Central to the argument in this chapter is the idea of paradiastole, the rhetorical trope which redefines something in other terms, a manoeuvre familiar from lawyers’ arguments which seek to maximize or minimize a crime by careful redescription. Within the texts discussed, paradiastole both creates space for the homoerotic imagination to play in relative safety by permitting multiple readings, and, in bigoted texts, brands homosexual desires with the stigma of legal and religious anathema.Less
This chapter addresses the question of how sex between men was figured rhetorically, drawing attention to two distinctive features of those literary texts which represent such desires—both those which are hostile and those which are celebratory. The first feature is the careful use of definition and indefinition. Writers wishing to voice love between men often develop strategies which allow such desire to be identified, while also inviting readers to construe it as something other than sexual—as masculine friendship, as religious devotion. By contrast, writers condemning such desires as diabolical sodomy may insist upon punitive definitions, turning the complexities of real human beings into caricatures, into monsters. Central to the argument in this chapter is the idea of paradiastole, the rhetorical trope which redefines something in other terms, a manoeuvre familiar from lawyers’ arguments which seek to maximize or minimize a crime by careful redescription. Within the texts discussed, paradiastole both creates space for the homoerotic imagination to play in relative safety by permitting multiple readings, and, in bigoted texts, brands homosexual desires with the stigma of legal and religious anathema.
Brian Rouleau
- Published in print:
- 2014
- Published Online:
- August 2016
- ISBN:
- 9780801452338
- eISBN:
- 9780801455087
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801452338.003.0006
- Subject:
- History, American History: 19th Century
This chapter explores the intimate realm of the U.S. maritime empire and argues that sex and ideas about sexuality were crucial to mediating relations between seamen and the societies overseas ...
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This chapter explores the intimate realm of the U.S. maritime empire and argues that sex and ideas about sexuality were crucial to mediating relations between seamen and the societies overseas through which they moved. Sailors became conversant in the sexual mores of a wide array of peoples, but the state and other authorities, in the form of consuls and Christian evangelists, scrutinized those sexual relations and attempted to exercise power by limiting “acceptable” forms of intimacy in their dominions. Moreover, the planetary forum in which sailors read the bodies and behavior of women suggests that rationalizations about inequality between the sexes had a transnational foundation in the nineteenth century. Within the seafaring community, in the nation's largest seaport cities, and traveling through print culture that often originated in those very cities, detail and debate emerged about American womanhood in a global context.Less
This chapter explores the intimate realm of the U.S. maritime empire and argues that sex and ideas about sexuality were crucial to mediating relations between seamen and the societies overseas through which they moved. Sailors became conversant in the sexual mores of a wide array of peoples, but the state and other authorities, in the form of consuls and Christian evangelists, scrutinized those sexual relations and attempted to exercise power by limiting “acceptable” forms of intimacy in their dominions. Moreover, the planetary forum in which sailors read the bodies and behavior of women suggests that rationalizations about inequality between the sexes had a transnational foundation in the nineteenth century. Within the seafaring community, in the nation's largest seaport cities, and traveling through print culture that often originated in those very cities, detail and debate emerged about American womanhood in a global context.
