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Subject of Prostitution: Sex Work, Law and Social Theory [Kõva köide]

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(University of Strathclyde, UK)
  • Formaat: Hardback, 202 pages, kõrgus x laius: 234x156 mm, kaal: 430 g, 5 Tables, black and white
  • Ilmumisaeg: 17-Dec-2015
  • Kirjastus: Routledge Cavendish
  • ISBN-10: 1904385516
  • ISBN-13: 9781904385516
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Subject of Prostitution: Sex Work, Law and Social TheorySuurem pilt
  • Formaat: Hardback, 202 pages, kõrgus x laius: 234x156 mm, kaal: 430 g, 5 Tables, black and white
  • Ilmumisaeg: 17-Dec-2015
  • Kirjastus: Routledge Cavendish
  • ISBN-10: 1904385516
  • ISBN-13: 9781904385516
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781904385516.html
Märksõnad:

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.



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. The book analyzes contemporary citizenship discourse and the law’s ability to meet the competing demands of empowerment by sexworkers 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’.

Arvustused

'Most debates about regulating prostitution assume that feminists all want to use criminal law to punish male customers and send a message that prostitution exploits women. In this important and timely book, Jane Scoular develops an analysis of sex work laws, including anti-trafficking efforts, that is feminist but rejects the use of coercive law. Scoulars nuanced approach is a breath of fresh air, and should be read both by feminists and by anyone interested in criminal law and criminal justice policy' - Mariana Valverde, University of Toronto, Canada.

'A clear, incisive scrutiny of laws historical role in shaping and responding the prostitute as sinful, diseased, abused or rights bearing. Scoular shows how law matters less by what it formally says than by what it does. Her careful Foucauldian study exposes the complexity and contingency of sex work as an object of study that has generated so much tension and contradiction in the past and present. Essential reading for scholars, policy makers, and engaged citizens who want to break the stalemate between entrenched positions on prostitution as "forced and free" -- a first step to exploiting legal mechanisms towards the "unachievable goal of justice.' - Judith R. Walkowitz, Professor Emerita of History, Johns Hopkins University 'Most debates about regulating prostitution assume that feminists all want to use criminal law to punish male customers and send a message that prostitution exploits women. In this important and timely book, Jane Scoular develops an analysis of sex work laws, including anti-trafficking efforts, that is feminist but rejects the use of coercive law. Scoulars nuanced approach is a breath of fresh air, and should be read both by feminists and by anyone interested in criminal law and criminal justice policy' - Mariana Valverde, University of Toronto, Canada.

'A clear, incisive scrutiny of laws historical role in shaping and responding the prostitute as sinful, diseased, abused or rights bearing. Scoular shows how law matters less by what it formally says than by what it does. Her careful Foucauldian study exposes the complexity and contingency of sex work as an object of study that has generated so much tension and contradiction in the past and present. Essential reading for scholars, policy makers, and engaged citizens who want to break the stalemate between entrenched positions on prostitution as "forced and free" -- a first step to exploiting legal mechanisms towards the "unachievable goal of justice.' - Judith R. Walkowitz, Professor Emerita of History, Johns Hopkins University

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Acknowledgements xi
1 The subject of prostitution: an introduction
1(24)
Overview
1(2)
Introduction
3(3)
Regulatory responses
6(1)
Prohibitionism, abolitionism and neo-abolitionism
7(2)
Regulationism
9(1)
Decriminalisation
9(1)
Political and analytical stalemate
9(2)
An enduring legal formalism
11(3)
Does law matter?
14(3)
Methodology -- a new analytic of legal power
17(2)
A constitutive approach
19(1)
Structure of the book: a selective genealogy of prostitution
20(5)
2 The prostitute subject as a metaphor of modernity: from sin to social problem
25(28)
Introduction: frameworks of understanding: from theories of social control to a governmental approach
25(1)
Moral panic
26(1)
Limitations of the model
27(2)
Prostitution as a `sinful problem'
29(3)
Prostitution as a social problem: the modern subject of prostitution
32(2)
The science of prostitution
34(2)
Acton
36(1)
Regulation
37(1)
Regulationism
38(1)
The Contagious Diseases Acts
39(1)
The legacy of repeal
40(1)
Maternal feminism
41(1)
Colonial dynamics
42(1)
The legal legacy: how law matters
43(2)
Enduring legal power
45(2)
The politics of protection
47(2)
The Criminal Law Amendment Act of 1885 (An Act to make Further Provision for the Protection of Women and Girls, the Suppression of Brothels and other Purposes)
49(2)
Conclusion --- the modernist legacy
51(1)
Endnote
52(1)
3 The object of prostitution and the pathological `punter': problematising the purchase of sex in the twenty-first century
53(33)
Introduction
53(1)
The Swedish context: national integrity, the spectre of trafficking and fear of the foreign
54(2)
A weak liberal tradition
56(1)
The patriarchal subject of prostitution: radical feminist discourse and the women's movement in Sweden
57(1)
An official Swedish sexuality
58(1)
A radical feminist imaginary
58(4)
The client as deviant: the original of the species
62(1)
Origin of the species: the constitution of the client
63(3)
Four hundred thousand Swedish perverts
66(1)
Assessing abolitionism
67(1)
Exporting abolitionism: understanding policy transfers
67(1)
`Creeping abolitionism in the UK'
68(3)
Protecting women
71(2)
Analysing abolitionism: beyond binaries/good vs. bad
73(1)
Punishing bad men in the name of gender equality?
74(2)
Equality and punishing bad men? Making women safer?
76(1)
Being outside
77(2)
Victims
79(1)
Exiting
80(1)
Governance feminism: the politics of protectionism
81(3)
Conclusion
84(2)
4 The prostitute as a rights-bearing subject
86(34)
Introduction
86(2)
The emergence of sex worker discourse: or a brief and selective history of sex workers' rights
88(1)
The origins of `liberal' sex workers' rights
89(3)
Unionisation
92(3)
The promises of sex workers' rights
95(1)
Rights' challenge stigma
95(1)
Feminists in exile: rights offer a counterpoint to homogenizing victimisation discourse
96(1)
Rights challenge criminalisation and highlight the structural role of law
97(2)
The problem with rights
99(1)
Rights can cut both ways
100(1)
Rights as instrument effects
101(1)
Rights as regulatory regimes
101(1)
The problem of sex workers' rights: claiming rights as a repressed, marginalised sexual minority
102(1)
Too much sex?
103(2)
The problem of sex workers' rights: sex work: work like any other?
105(1)
Failure of a movement or the perennial problem with rights?
106(3)
The limits of market mainstreaming
109(1)
More than just work?
110(2)
Too much work? Limitations of the `work' model
112(1)
The regulatory dimension of sex workers' rights
112(1)
Decriminalisation and self-governance: the Netherlands
113(3)
Decriminalisation: New Zealand
116(2)
Conclusion
118(2)
5 Reconstructing the subject of prostitution
120(30)
Introduction
120(4)
Critical engagements with the subject: consent
124(2)
Engaging with law strategically - being remade in law
126(2)
Thinking beyond consent: moving beyond the Hamlet question
128(2)
Critical engagements with the subject: reconfiguring rights
130(1)
A critical, ambivalent affirmation of rights
130(2)
Liminal subjects: sex workers' rights to have rights
132(1)
Sex workers' rights as anti-humanist rights
132(1)
Getting rights to work
133(5)
Constituting subjects: Canada (Attorney General) vs. Bedford
138(1)
Analysis: not binary but multivocality
139(1)
Freedom of expression
140(2)
Security of person
142(3)
Rights and multivocality
145(1)
Rights, redistribution and recognition: DMSC and precarious workers' rights
146(1)
Conclusion
147(1)
A final point on empiricism
148(2)
6 Conclusion: moving beyond the subject of prostitution
150(7)
Moving beyond the modern subject of prostitution
151(1)
Beyond binaries --- reviving the feminist subject
152(2)
Moving beyond the subject
154(1)
Epilogue
154(1)
A vacant chair for an inessential subject
155(2)
Bibliography 157(28)
Index 185
Jane Scoular is a Professor in Law, based at the University of Strathclyde, Scotland, UK.