Consent in the Presence of Force

Consent in the Presence of Force PDF Author: Emily A. Owens
Publisher: UNC Press Books
ISBN: 1469670526
Category : Social Science
Languages : en
Pages : 245

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Book Description
In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In this vividly rendered book, Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access. Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was in fact a key legal fixture that packaged predation as pleasure and produced, rather than prevented, violence against Black women. Owens dramatically reorients our understanding of enslaved women's lives as well as of the nature of violence in the entire venture of racial slavery in the U.S. South. Unsettling the idea that consent is necessarily incompatible with structural and interpersonal violence, this history shows that when sex is understood as a transaction, women are imagined as responsible for their own violation.

Consent in the Presence of Force

Consent in the Presence of Force PDF Author: Emily A. Owens
Publisher: UNC Press Books
ISBN: 1469670526
Category : Social Science
Languages : en
Pages : 245

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Book Description
In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In this vividly rendered book, Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access. Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was in fact a key legal fixture that packaged predation as pleasure and produced, rather than prevented, violence against Black women. Owens dramatically reorients our understanding of enslaved women's lives as well as of the nature of violence in the entire venture of racial slavery in the U.S. South. Unsettling the idea that consent is necessarily incompatible with structural and interpersonal violence, this history shows that when sex is understood as a transaction, women are imagined as responsible for their own violation.

When Rape was Legal

When Rape was Legal PDF Author: Rachel A. Feinstein
Publisher: Routledge
ISBN: 1351809180
Category : Social Science
Languages : en
Pages : 185

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Book Description
When Rape was Legal is the first book to solely focus on the widespread rape perpetrated against enslaved black women by white men in the United States. The routine practice of sexual violence against enslaved black women by white men, the motivations for this rape, and the legal context that enabled this violence are all explored and scrutinized. Enlightening analysis found that rape was not merely a result of sexual desire and opportunity, or simply a form of punishment and racial domination, but instead encompassed all of these dimensions as part of the identity of white masculinity. This provocative text highlights the significant role that white women played in enabling sexual violence against enslaved black women through a variety of responses and, at times, through their lack of response to the actions of the white men in their lives. Significantly, this book finds that sexual violence against enslaved black women was a widespread form of oppression used to perform white masculinity and reinforce an intersectional hierarchy. Additionally, white women played a vital role by enabling this sexual violence and perpetuating the subordination of themselves and those subordinate to them.

Sexual Harassment of Working Women

Sexual Harassment of Working Women PDF Author: Catharine A. MacKinnon
Publisher: Yale University Press
ISBN: 9780300022995
Category : Law
Languages : en
Pages : 330

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Book Description
A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).

Digest of International Law

Digest of International Law PDF Author: Marjorie Millace Whiteman
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 1142

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Book Description


Prohibited Force

Prohibited Force PDF Author: Erin Pobjie
Publisher: Cambridge University Press
ISBN: 1009036122
Category : Law
Languages : en
Pages : 279

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Book Description
Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force in areas that are usually less studied, such as those that use emerging technology or take place in newer military domains like outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for students, legal scholars, and practitioners.

International Law and the Use of Force

International Law and the Use of Force PDF Author: Christine Gray
Publisher: Oxford University Press
ISBN: 0192536443
Category : Law
Languages : en
Pages : 541

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Book Description
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Military Assistance on Request and the Use of Force

Military Assistance on Request and the Use of Force PDF Author: Erika De Wet
Publisher: Oxford University Press
ISBN: 019108722X
Category : Law
Languages : en
Pages : 256

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Book Description
In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

Use of Force · War and Neutrality Peace Treaties (A-M)

Use of Force · War and Neutrality Peace Treaties (A-M) PDF Author: Rudolf Bernhardt
Publisher: Elsevier
ISBN: 1483256960
Category : Law
Languages : en
Pages : 317

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Book Description
Encyclopedia of Public International Law, 3: Use of Force, War, and Neutrality Peace Treaties (A-M) focuses on hostile inter-State relations and associated questions, including the use of force, war, neutrality, and peace treaties. The publication first elaborates on the Munich Agreement, mines, militias, military reconnaissance, objectives, necessity, government, and forces abroad, mercenaries, liberation movements, land warfare, intervention, international military force, indiscriminate attack, and the Kellogg-Briand Pact (1928). The text then ponders on humanitarian law and armed conflict, flags and uniform in wars, enemies and enemy subjects, disarming of belligerents by neutrals, demarcation line, deserters, economic warfare, combatants, contributions, and contraband. The book examines collective punishment, measures, security, and self-defense, boundary settlements between Germany and her western neighbor states after World War II, bombardment, armistice, arms control, Asama Maru incident, air warfare, and alliance. The text is a vital source of data for researchers interested in the use of force, war, and neutrality peace treaties.

Contested Bodies

Contested Bodies PDF Author: Sasha Turner
Publisher: University of Pennsylvania Press
ISBN: 081229405X
Category : History
Languages : en
Pages : 327

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Book Description
It is often thought that slaveholders only began to show an interest in female slaves' reproductive health after the British government banned the importation of Africans into its West Indian colonies in 1807. However, as Sasha Turner shows in this illuminating study, for almost thirty years before the slave trade ended, Jamaican slaveholders and doctors adjusted slave women's labor, discipline, and health care to increase birth rates and ensure that infants lived to become adult workers. Although slaves' interests in healthy pregnancies and babies aligned with those of their masters, enslaved mothers, healers, family, and community members distrusted their owners' medicine and benevolence. Turner contends that the social bonds and cultural practices created around reproductive health care and childbirth challenged the economic purposes slaveholders gave to birthing and raising children. Through powerful stories that place the reader on the ground in plantation-era Jamaica, Contested Bodies reveals enslaved women's contrasting ideas about maternity and raising children, which put them at odds not only with their owners but sometimes with abolitionists and enslaved men. Turner argues that, as the source of new labor, these women created rituals, customs, and relationships around pregnancy, childbirth, and childrearing that enabled them at times to dictate the nature and pace of their work as well as their value. Drawing on a wide range of sources—including plantation records, abolitionist treatises, legislative documents, slave narratives, runaway advertisements, proslavery literature, and planter correspondence—Contested Bodies yields a fresh account of how the end of the slave trade changed the bodily experiences of those still enslaved in Jamaica.

Gender

Gender PDF Author: Jennifer C. Nash
Publisher: Macmillan Reference USA
ISBN: 9780028663197
Category : Social Science
Languages : en
Pages : 0

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Book Description
The Macmillan Interdisciplinary Handbooks: Gender series serves undergraduate college students who have had little or no exposure to Gender Studies, as well as the curious lay reader. Following the Primer, which introduces the field of study, as well as the topics of the remaining 9 volumes plus a selection of subjects that will not receive full volume treatment (e.g., new media, music, disability), each handbook ushers the reader into a subfield of Gender Studies (see the list of titles, below) and explores twenty to thirty topics in that subfield. Every chapter in each volume, all newly commissioned studies prepared by academic experts, offers an annotated bibliography/research guide to encourage students to explore the topics further, using vehicles such as film or the arts to facilitate understanding of issues at the heart of the discipline, for example, fashion, health, masculinities. Each chapter ends with a summary of the concepts discussed. Each volume is edited by an academic subject specialist.