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Book part
Publication date: 7 November 2022

Alexandra Fanghanel

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal…

Abstract

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal discourses and the implications this understanding of it has for debates about consent and sexual violence. The premise that consent to sexual violence might act as a defence or mitigating factor in cases which go to trial suggests that something understood as BDSM is recognized as a legitimate sexual practice by the courts. Recognizing the legitimacy of marginalized sexual practices can be understood as a progressive way to recognize individuals’ autonomy and freedom, within the contemporary neoliberal framework in which these cases play out. Campaigners against the judgement of the foundational Brown case make this clear (The Spanner Trust, n.d.). Yet, BDSM practice has also been mobilized to justify or diminish the significance of sexualized violence against women (Harman & Garnier, 2019, July 19).

This chapter navigates the line between these two priorities to interrogate the ways in which courts themselves interpret and understand BDSM. Gaining insight into how courts might be said to ‘operationalise’ BDSM, we can gain some insight into the role that consent plays in understanding sexual violence, including the work that consent has to do to turn an act of sexual violence into one of BDSM.

In order to do this work, I have acquired nine transcripts of crown court cases from 2010 to 2020 in which a ‘rough sex’ defence was used. Conducting a discourse analysis of how BDSM is imagined in these cases, in dialogue with previous I have conducted on consent and BDSM communities (Fanghanel, 2019, 2020), this chapter traces how knowledge about BDSM in created, and how this becomes used to affect justice outcomes.

Details

‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

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Book part
Publication date: 6 October 2023

Anna Greenwood

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History
Type: Book
ISBN: 978-1-80455-188-2

Book part
Publication date: 30 January 2002

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Henry George's Writings on the United Kingdom
Type: Book
ISBN: 978-0-76230-793-7

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A Circular Argument
Type: Book
ISBN: 978-1-80071-385-7

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Strategic Airport Planning
Type: Book
ISBN: 978-0-58-547441-0

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The Use and Abuse of Music: Criminal Records
Type: Book
ISBN: 978-1-78769-002-8

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Book part
Publication date: 13 January 2021

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Financial and Managerial Aspects in Human Resource Management: A Practical Guide
Type: Book
ISBN: 978-1-83909-612-9

Book part
Publication date: 6 November 2015

David Norman Smith

Max Weber called the maxim “Time is Money” the surest, simplest expression of the spirit of capitalism. Coined in 1748 by Benjamin Franklin, this modern proverb now has a life of…

Abstract

Purpose

Max Weber called the maxim “Time is Money” the surest, simplest expression of the spirit of capitalism. Coined in 1748 by Benjamin Franklin, this modern proverb now has a life of its own. In this paper, I examine the worldwide diffusion and sociocultural history of this paradigmatic expression. The intent is to explore the ways in which ideas of time and money appear in sedimented form in popular sayings.

Methodology/approach

My approach is sociological in orientation and multidisciplinary in method. Drawing upon the works of Max Weber, Antonio Gramsci, Wolfgang Mieder, and Dean Wolfe Manders, I explore the global spread of Ben Franklin’s famed adage in three ways: (1) via evidence from the field of “paremiology” – that is, the study of proverbs; (2) via online searches for the phrase “Time is Money” in 30-plus languages; and (3) via evidence from sociological and historical research.

Findings

The conviction that “Time is Money” has won global assent on an ever-expanding basis for more than 250 years now. In recent years, this phrase has reverberated to the far corners of the world in literally dozens of languages – above all, in the languages of Eastern Europe and East Asia.

Originality/value

Methodologically, this study unites several different ways of exploring the globalization of the capitalist spirit. The main substantive implication is that, as capitalism goes global, so too does the capitalist spirit. Evidence from popular sayings gives us a new foothold for insight into questions of this kind.

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Globalization, Critique and Social Theory: Diagnoses and Challenges
Type: Book
ISBN: 978-1-78560-247-4

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Book part
Publication date: 30 November 2020

Michele Lloyd

Media power plays a role in determining which news is told, who is listened to and how subject matter is treated, resulting in some stories being reported in depth while others…

Abstract

Media power plays a role in determining which news is told, who is listened to and how subject matter is treated, resulting in some stories being reported in depth while others remain cursory and opaque. This chapter examines how domestic violence and abuse (DVA) is reported in mainstream and social media encompassing newspapers, television and digital platforms. In the United Kingdom, newspapers have freedom to convey particular views on subjects such as DVA as, unlike radio and television broadcasting, they are not required to be impartial (Reeves, 2015).

The gendered way DVA is represented in the UK media has been a long-standing concern. Previous research into newspaper representations of DVA, including our own (Lloyd & Ramon, 2017), found evidence of victim blaming and sexualising violence against women. This current study assesses whether there is continuity with earlier research regarding how victims of DVA, predominantly women, are portrayed as provoking their own abuse and, in cases of femicide, their characters denigrated by some in the media with impunity (Soothill & Walby, 1991). The chapter examines how certain narratives on DVA are constructed and privileged in sections of the media while others are marginalised or silenced. With the rise in digital media, the chapter analyses the changing patterns of news media consumption in the UK and how social media users are responding to DVA cases reported in the news. Through discourse analysis of language and images, the potential messages projected to media consumers are considered, together with consumer dialogue and interaction articulated via online and social media platforms.

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Gendered Domestic Violence and Abuse in Popular Culture
Type: Book
ISBN: 978-1-83867-781-7

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Theoretical Times
Type: Book
ISBN: 978-1-78714-669-3

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