Kotiswaran, Prabha. „Do Feminists Need an Economic Sociology of Law?“ Journal of Law and Society 40(1) (2013): 115–36. https://doi.org/10.1111/j.1467-6478.2013.00615.x.
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Abstract
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Feminist legal scholars have long exposed the mutually constitutive relationship between the market and the social sphere, particularly, of the family, as mediated by the state. A peculiar division of labour has emerged in American feminist legal theorizing on the market in the context of care work, on the one hand, and sex work on the other. Care is valorized, thus entrenching the family‐market dichotomy while the sex‐work debates view the market as a source of harm and violence and therefore to be eliminated from the social. This produces a problematic feminist understanding of the market and generates legal reforms that produce unintended consequences for women themselves. The article offers an economic sociology of law pursued in legal ethnographic terms as a way of revitalizing contemporary feminist legal thought on the market and, indeed, the economy, illustrating its use in the context of international anti‐trafficking law and transnational surrogacy.

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Connelly, L., Kamerāde, D., & Sanders, T. (2018). Violent and Nonviolent Crimes Against Sex Workers: The Influence of the Sex Market on Reporting Practices in the United Kingdom. Journal of Interpersonal Violence. https://doi.org/10.1177/0886260518780782
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Previous research has shown that sex workers experience extremely high rates of victimization but are often reluctant to report their experiences to the police. This article explores how the markets in which sex workers operate in the United Kingdom impact upon the violent and nonviolent crimes they report to a national support organization and their willingness to report victimization to the police. We use a secondary quantitative data analysis of 2,056 crime reports submitted to the U.K. National Ugly Mugs (NUM) scheme between 2012 and 2016. The findings indicate that although violence is the most common crime type reported to NUM, sex workers operating in different markets report varying relative proportions of different types of victimization. We also argue that there is some variation in the level of willingness to share reports with the police across the different sex markets, even when the types of crime, presence of violence, and other variables are taken into account. Our finding that street sex workers are most likely to report victimization directly to the police challenges previously held assumptions that criminalization is the key factor preventing sex workers from engaging with the police.

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Accounts of the governance of prostitution have typically argued that prostitutes are, in one way or another, stigmatised social outcasts. There is a persistent claim that power has operated to dislocate or banish the prostitute from the community in order to silence, isolate, hide, restrict, or punish. I argue that another position may be tenable; that is, power has operated to locate prostitution within the social. Power does not operate to ‘desocialise’ prostitution, but has in recent times operated increasingly to normalise it. Power does not demarcate prostitutes from the social according to some binary mechanics of difference, but works instead according to a principle of differentiation which seeks to connect, include, circulate and enable specific prostitute populations within the social. In this paper I examine how prostitution has been singled out for public attention as a sociopolitical problem and governed accordingly. The concept of governmentality is used to think through such issues, providing, as it does, a non-totalising and non-reductionist account of rule. It is argued that a combination of self-regulatory and punitive practices developed during modernity to manage socially problematic prostitute populations.

Full article available here.

Brunovskis, Anette, und May-Len Skilbrei. „Individual or Structural Inequality? Access and Barriers in Welfare Services for Women Who Sell Sex“. Social Inclusion 6, Nr. 3 (28. September 2018): 310–18. https://doi.org/10.17645/si.v6i3.1534.
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It is often taken for granted that women who sell sex are vulnerable, that welfare services can and should alleviate this vulnerability, and as such, being defined as ‘vulnerable’ can be beneficial and associated with special rights that would otherwise be inaccessible. At the same time, ongoing debates have demonstrated that establishing individuals and groups as vulnerable tends to mask structural factors in inequality and has negative consequences, among them an idea that the path to ‘non-vulnerability’ lies in changing the ‘afflicted’ individuals or groups, not in structures or in addressing unequal access to resources. In this article, we take this as a starting point and discuss challenges for the welfare state in meeting the varied and often complex needs of sex sellers. Based on qualitative research with service providers in specialised social and health services in Norway, we examine access and barriers to services among female sex sellers as well as how vulnerability is understood and shapes what services are available. An important feature of modern prostitution in Norway, as in the rest of Western Europe, is that sex sellers are predominantly migrants with varying migration status and corresponding rights to services. This has influenced the options available to address prostitution as a phenomenon within the welfare state and measures that have previously been helpful for domestic women in prostitution are not easily replicated for the current target population. A starting point in a theoretical understanding that considers vulnerability to be a human predicament (rather than the exception to the rule or a deficit in individuals or groups) allows for a discussion that highlights the centrality of structural conditions rather than a need for change in the individual. In order to understand the limitations of the welfare state in addressing modern prostitution as such, it is highly relevant to look at the structural origin of vulnerabilities that may look individual.
Walker, Rebecca, und Treasa Galvin. 2018. „Labels, victims, and insecurity: an exploration of the lived realities of migrant women who sell sex in South Africa“. Third World Thematics: A TWQ Journal 3 (2): 277–92. https://doi.org/10.1080/23802014.2018.1477526.
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Based on research work among cross-border migrant women who sell sex in South Africa, this paper examines the ways in which the label ‘victim’ of human trafficking ignores the complex realities of human mobility. We argue here that as state legislative and policy measures, in relation to human trafficking, justify the securitisation of borders and the curtailment of migrant rights, an accompanying hegemonic discourse serves to deny the agency of migrant women sex workers. As a result, the linkages between human trafficking and migration are experienced by migrant women sex workers through new layers of vulnerability and insecurity.

Anthony Marcus & Robert Riggs & Amber Horning & Sarah Rivera & Ric Curtis & Efram Thompson. “Is Child to Adult as Victim is to Criminal? Social Policy and Street-Based Sex Work in the USA” Sex Res Soc Policy (2012) 9:153–166DOI 10.1007/s13178-011-0070-1

Longstanding policy debates over how prostitution/sex work should be thought about and responded to have been upended in the USA by a growing tendency to conflate the practice with sex trafficking. US law and social policy have converged most fully on this issue in a movement to eradicate what has come to be known as the commercial sexual exploitation of children. One outcome of this movement has been an expanded focus on prosecuting and imprisoning pimps and other legal adults who support or abet juridical minors involved in the sex trade. This paper will show that the simplistic, one-size-fits-all narrative of the child victim and the adult exploiter inherent in this policy does not reflect the realities of street-based sex work in the USA. After 2 years of ethnographic and social network research in two cities, we find that sex market-involved young people participate in a great diversity of market–facilitation relationships, many of which provide the only or the most crucial foundation for their support networks. A social policy based on a one-dimensional construction of the child victim and the adult exploiter not only endangers these crucial relationships but also disappears the real needs of young people involved in the exchange of sex for money.

Full text available here.

Lainez, Nicolas (2018), The Contested Legacies of Indigenous Debt Bondage in Southeast Asia: Indebtedness in the Vietnamese Sex Sector. American Anthropologist. doi:10.1111/aman.13105

Abstract

The modern‐slavery paradigm promotes analogies between contemporary trafficking and the transatlantic, white, and indigenous slave trade. The analogy some scholars use to address debt bondage in past and present Southeast Asia prompted me to consider the hypothesis that the debts incurred by Vietnamese sex workers with moneylenders, procurers, and migration brokers are a remnant of indigenous slavery. However, the ethnographic and legalistic study of debt in the Vietnamese sex sector across Southeast Asia in relation to debt‐bondage traditions provides limited support to the transhistorical thesis. Nonetheless, it throws light on the creditor–debtor relationship and shows that sex workers need credit to finance production and social reproduction in a region undergoing rapid capitalist development, and that because of their exclusion from financial, labor, and labor migration markets, they access it through personalized arrangements that generate strong obligations and dependencies with the potential for restrictions of freedom, in a social structure that promotes patronage, vertical bonding, and dependency.