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Provides a guide to the conveyancing of licensed premises. Focusing on propretary clubs, betting offices and the sale of alcohol, the book covers topics such as the qualification of licences, preliminary enquiries to be made, time-limits for notices and seeking approval for structural alterations
The Subject of Prostitution offers a distinctive analysis of the links between prostitution and social theory in order to advance a critical analysis of the relationship of law to sex work. Using the lens of social theory to disrupt fixed meanings the book provides an advanced analytical framework through which to understand the complexity and contingencies of sex work in late modernity. The book analyses contemporary citizenship discourse and the law's ability to meet the competing demands of empowerment by sex workers and protection by radical feminists who view prostitution as the epitome of patriarchal sexual and economic relations. Its central focus is the role of law in both structuring and responding to the 'problem of prostitution'. By developing a distinctive constitutive approach to law, the author offers a more advanced analytical framework from which to understand how law matters in contemporary debates and also suggests how law could matter in more imaginative justice reforms. This is particularly pertinent in a period of unprecedented legal reform, both internationally and nationally, as legal norms simultaneously attempt to protect, empower and criminalise parties involved in the purchase of sexual services. The Subject of Prostitution aims to overcome the current aporia in these debates and suggest new ways to engage with the subject and law. As such, The Subject of Prostitution provides an advanced theoretical resource for policymakers, researchers and activists involved in contemporary struggles over the meanings and place of sex work in late modernity.
When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. Queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence; feminist theories focus on violence but often ignore the joy of sexuality. Craig examines the Supreme Court of Canada’s approach to sexuality to assess the possibility of devising a legal theory of sexuality that can embrace both the good and the bad, ensuring equality without assimilation, diversity without exclusion, and liberty without suffering. Blending feminist theory with queer theory, she advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.
Author : James A. Brundage Publisher : University of Chicago Press Page : 714 pages File Size : 31,19 MB Release : 2009-02-15 Category : Law ISBN : 0226077896
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
"This study of ahliyya (legal capacity), illustrates how femaleness features as a category of law and further how sex difference determines the legal capacities of women. It originates in concerns for equality in South African debates on state recognition of Muslim marriage. Theoretically and methodologically, it is located in the interdisciplinary space of feminist studies and Islamic law, draws on feminist theories of sex difference and employs feminist methods of reading texts to theorise the differential treatment of women in classical and contemporary legal theory (uṣūl al-fiqh) and positive law (furū' al-fiqh). Reading classical legal theory texts taught in a Ḥanafī madrasas and contemporary adaptations of classical law I make apparent the 'imaginary configurations', 'metaphoric networks' and points of tension through which the texts convey ideas about the woman of Islamic law.In the complex formulation of the female legal subject I find that classical Ḥanafī legal theory does not explicitly distinguish female legal capacity from male legal capacity; femaleness does not feature amongst the nineteen impediments to legal capacity. Nonetheless classical legal theory and positive law both distinguish between male and female legal subjects. The challenge in studying legal capacity and sex difference is to ponder the intersection of these two paradigms, the theoretical non-distinction of women's legal capacity from other forms of legal capacity and the distinctions between men and women in positive law generally. I find that the normative legal subject of the historical law is a free, adult, male yet, unlike the enslaved male and the infant or minor male, the female legal subject is not similarly distinguished by virtue of a differentiated category of legal capacity; gender is not a distinguishing legal category of the theoretical legal subject. Implicitly, however, in the classical legal text social norms come to work as natural conditions that attach to ideas of femaleness. Accordingly, it is incorrect to assume the absence of a distinctive category results in the absence of distinctive legal subjectivity for women. Rather distinctive legal capacity does not necessarily arise from a distinct category of legal incapacity. Instead, the law locates bodies in a matrix of other social categories, viz. reason, age, social class, life experience and marital status, so as to disrupt the symmetry of biology and sex differentiated legal capacity. It relies instead on a discursive construction of femaleness that formulates uneven legal capacities for women. The social facts that attach to women's bodies inform us of the ideological system that produces the female subject of the legal text. Contemporary legal theory, contrary to its classical precursor, either imposes severe restrictions upon women as legal subjects or pretends to the absence of distinction between female and male legal subjects. The pretense denies the differential treatment of women in the law while the restrictions result in a category of 'imperfect legal capacity' for women. Further, comparing classical and contemporary approaches, the former frames a distinct but discursive female legal subject, multiply and situationally constituted. However, both historical and modern approaches occlude the obvious impediment to legal capacity that marriage effects on female legal subjects, notably limitations on a wife's legal capacities within the marriage and the marital authority of husbands to manage the sociality, mobility, and spirituality of wives, ownership of the marital bond being a uniquely male legal capacity. Finally, contemporary legal theory frames inflexible determinates of female legal subjectivity and eventually produces essentialist and existential understandings of women. This illustrates the modern representation of women's legal capacity as not merely a modern manifestation of historical legal thought, but indeed modern in its origin and formation." --
When legal scholars or judges approach the subject of sexuality, they are often constrained by existing theoretical frameworks. For instance, queer theorists typically focus on sexual liberty but tend not to consider issues such as sexual violence. Feminist theories focus on violence but often don’t give recognition to the joy of sexuality. To assess the possibility of devising a legal theory of sexuality that can ensure equality without assimilation, diversity without exclusion, and liberty without suffering, Elaine Craig examines the Supreme Court of Canada’s approach to sexuality in cases that range from sexual violence to discrimination based on orientation. Although the Court continues to hold an essentialist understanding of sexuality that renders certain harms invisible, its feminist-inspired approach to sexual violence recognizes the socially constructed nature of sexuality and produces legal reasoning that promotes sexual integrity as a common interest. Blending feminist theory with the inclusiveness of queer theory, Craig advances an iconoclastic approach to law and sexuality that has the power to transform both theory and practice.
‘Rediscovering’ the peculiarity of feminist perspectives, rather than examining the broader range of gender-oriented analyses, in the area of legal regulation and sexuality, this edited collection avoids the ‘reductionist' and 'essentialist' shortcomings of ‘feminism unmodified’. With a substantial introductory chapter, written by the editors, summarizing the state of the law on core aspects of sexuality and providing a critical appraisal of the key themes and concerns, it analyzes and transcends the traditional dichotomised thinking (e.g coercion/choice, victim/agent) about the regulation of gender issues. It addresses a broad range of key themes including: crime the family and child contract law jurisprudence public and international law. Offering a space in which to re-vitalize a feminist conception of sexuality, this book is an essential read for law students interested in the legal implications of gender and sexuality.
A generation ago, most people did not know how ubiquitous and grave human trafficking was. Now many people agree that the $35.7 billion business is an appalling violation of human rights. But when confronted with prostitution, many people experience an odd disconnect because prostitution is shrouded in myths, among them the claims that ôprostitution is inevitable,ö and ôprostitution is a job or service like any other.ö In Not a Choice, Not a Job, Janice Raymond challenges both the myths and their perpetrators. Raymond demonstrates that prostitution is not sex but sexual exploitation, and that legalizing and decriminalizing the system of prostitutionùas opposed to the prostituted womenùpromotes sex trafficking, expands the sex industry, and invites organized crime. Specifically, Raymond exposes how legalized prostitution in the Netherlands, Germany, Australia, and Nevada worsens crime and endangers women. In contrast, she reveals, when governments work to prevent the demand for prostitution by prosecuting pimps, brothels, and prostitution usersùas in Norway, Sweden, and Icelandùtrafficking does not increase, women are better protected, and fewer men buy sex. Raymond expands the boundaries of scholarship in womenÆs studies, making this book indispensable to human rights advocates around the world.