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Book part
Publication date: 7 November 2022

Fiona Mackenzie

In 2020, the Westminster Government proposed statutory provision prohibiting the use of ‘consent to serious harm for sexual gratification’ as a defence to criminal charges of…

Abstract

In 2020, the Westminster Government proposed statutory provision prohibiting the use of ‘consent to serious harm for sexual gratification’ as a defence to criminal charges of violence. This addition to the Domestic Abuse bill was made in response to the 18 month campaign by We Can’t Consent To This and a cross party group of MPs, after rising numbers of homicides of women where the perpetrators claimed the woman asked for the violence, in ‘rough sex’, ‘gone wrong’.

This research is based on new data and detailed analysis on 67 non-fatal violent assaults and 24 homicides where the accused claimed that this violence was consensual, focussing on criminal cases in England and Wales over the 10 years from 2010. Some earlier cases are included for historical context and particularly where they became influential in later Criminal Justice System (CJS) outcomes. It addresses a shortage of data on the use of ‘consent’ claims in defence to charges of fatal and non-fatal violence, using keyword searches on historic news and legal archives and submissions from victims in criminal cases to establish the extent of these claims, the nature of the assaults claimed consensual, and to assess the CJS’s response to the claims.

This research – part of the evidence from We Can’t Consent To This which was considered by Government – set out the case for new law on consent defences to violence, despite there being existing common law in England and Wales. This research finds that the so-called ‘rough sex’ defences have been successful in deflecting prosecution for violence against women for decades, identifying failings at every stage of the CJS, in fatal and non-fatal violent assaults. Notably the women injured in these criminal cases do not agree that they consented to the violence, where they are able to take part in criminal proceedings. But still the claims that they did appear to have succeeded.

This research proposes that change in attitudes and outcomes is needed at every stage of the CJS, and, with the UK Government proposing to keep the criminal law on this ‘under review’, identifying where further provision in law or in practice may be needed.

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: 4 November 2021

Christopher Cyr

This chapter examines the impact of information digitization on the rise of misinformation, and the broader implications that this has for democracy. It is based on the…

Abstract

This chapter examines the impact of information digitization on the rise of misinformation, and the broader implications that this has for democracy. It is based on the Researching Students Information Choices (RSIC) project, which looks at how students evaluate scientific information on the internet.1 Part of this study looked at container collapse.

In previous decades, information was contained in a physical book, newspaper, journal, magazine, or the like. These containers offered important contextual information about the origin and validity of the information. With information digitized, this context is lost. This can facilitate misinformation, as people might make incorrect judgments about information credibility because of the lack of context.

It is vital that citizens have the information literacy skills to initially evaluate information correctly. One possibility for misinformation being pervasive is that, once encoded, it becomes resistant to correction. This underscores the importance of teaching students to evaluate the credibility of information prior to the point of encoding.

To combat misinformation, librarians can teach students to evaluate containers and the indicators of credibility that they provide. Information containers can be evaluated prior to consuming information within a resource, while fact-checking only can happen after. Because of this, container evaluation can help prevent misinformation from being encoded. Our research demonstrates that this requires thoughtful engagement with the information resources and critical evaluation of the sources that produced them, and that students cannot accurately identify containers when they rely on heuristics like the URL and Google snippet.

Details

Libraries and the Global Retreat of Democracy: Confronting Polarization, Misinformation, and Suppression
Type: Book
ISBN: 978-1-83982-597-2

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Content available
Book part
Publication date: 15 May 2018

Crystal Abidin

Abstract

Details

Internet Celebrity: Understanding Fame Online
Type: Book
ISBN: 978-1-78756-079-6

Book part
Publication date: 17 February 2022

Jason Torkelson

This article explores aspects of separation from “post-traditional” religiosity characteristic of certain late/post-modern affiliations. To do so, I analyze in-depth interviews…

Abstract

This article explores aspects of separation from “post-traditional” religiosity characteristic of certain late/post-modern affiliations. To do so, I analyze in-depth interviews with 44 individuals who formerly identified with straightedge – a clean-living youth-oriented scene tightly bound with hardcore music that is centered on abstinence from intoxicants – about their experiences transitioning through associated music assembly rituals. While features of hardcore music assemblies – e.g. moshing, slamdancing, sing-a-longs – have long been treated as symbolic connections that potentially conjure the religious as conceptualized in Émile Durkheim's “effervescence” and the liminality of Victor Turner's “communitas,” data on transitions from these features of ritual remain scant. Ex-straightedgers generally believed the sorts of deep connections they professed to experience in hardcore rituals as youths were not necessarily currently accessible to them, nor were they replicable elsewhere. Findings then ultimately suggest some post-traditional religious experiences might now be profitably considered in terms of the life course, which has itself transformed alongside the proliferation of newer late/post-modern affiliations and communities.

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Subcultures
Type: Book
ISBN: 978-1-80262-663-6

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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: 3 December 2005

Paul Paolucci, Micah Holland and Shannon Williams

Machiavelli's dictums in The Prince (1977) instigated the modern discourse on power. Arguing that “there's such a difference between the way we really live and the way we ought to…

Abstract

Machiavelli's dictums in The Prince (1977) instigated the modern discourse on power. Arguing that “there's such a difference between the way we really live and the way we ought to live that the man who neglects the real to study the ideal will learn to accomplish his ruin, not his salvation” (Machiavelli, 1977, p. 44), his approach is a realist one. In this text, Machiavelli (1977, p. 3) endeavors to “discuss the rule of princes” and to “lay down principles for them.” Taking his lead, Foucault (1978, p. 97) argued that “if it is true that Machiavelli was among the few…who conceived the power of the Prince in terms of force relationships, perhaps we need to go one step further, do without the persona of the Prince, and decipher mechanisms on the basis of a strategy that is immanent in force relationships.” He believed that we should “investigate…how mechanisms of power have been able to function…how these mechanisms…have begun to become economically advantageous and politically useful…in a given context for specific reasons,” and, therefore, “we should…base our analysis of power on the study of the techniques and tactics of domination” (Foucault, 1980, pp. 100–102). Conceptualizing such techniques and tactics as the “art of governance”, Foucault (1991), examined power as strategies geared toward managing civic populations through shaping people's dispositions and behaviors.

Details

Social Theory as Politics in Knowledge
Type: Book
ISBN: 978-1-84950-363-1

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