Archive

Tag Archives: Law

Connell, Kieran. ‘PROS: The Programme for the Reform of the Law on Soliciting, 1976–1982’. Twentieth Century British History. November 2019. https://doi.org/10.1093/tcbh/hwz032.

Abstract

In the late 1970s, a campaign was mounted to reform the legal landscape faced by sex workers, which had remained unaltered since a series of recommendations made in the Wolfenden Report were implemented by the government two decades earlier. While Wolfenden is commonly associated with the arrival of Britain’s ‘permissive’ 1960s, when it came to the issue of prostitution, it helped usher in even more restrictive conditions for sex workers. This article looks at attempts to challenge this status quo by focusing on the Programme for the Reform of the Law on Soliciting (PROS), which was founded in Birmingham in 1976 and became one of the most visible groups advocating for a change in the law. Its activities culminated with the 1982 Criminal Justice Act, which ostensibly abandoned the policy of imprisoning prostitutes on soliciting offences. The case of PROS, I argue, offers a further reminder of the afterlife of the liberalizing ethos associated with the 1960s. Moreover, it provides a different way of engaging with a historical conjuncture more commonly associated with themes such as rising individualism, the fragmentation of left-wing activism, and the arrival of Thatcherism.

Hearne, Siobhán. n.d. ‘Prosecuting Procurement in the Russian Empire’. Journal of Social History. Accessed 17 August 2019. https://doi.org/10.1093/jsh/shz040.
.
Abstract
.

Concern about the issue of forced prostitution reached its height in the Russian empire (as elsewhere in Europe and the Americas) at the turn of the twentieth century, as part of the wider international “white slave” panic. In 1909, new antiprocurement statutes were incorporated into the Russian empire’s Criminal Code to ensure that those who forced, coerced, or encouraged young women to enter the commercial sex industry felt the full force of the law. This article uses a case study of the Russian empire’s Estonian provinces (Estliand and Lifliand) to highlight the regional nature of Russian imperial experience. Prosecuting procurement was aligned with the priorities of local government, and the authorities in Revel’ (Tallinn) and Iu’rev (Tartu) used the issue of procurement to bolster their revenue. Here, the statutes gave the authorities additional tools for targeting individuals, such as managers of unlicensed brothels, who deprived the government of the income it generated from regulating the commercial sex industry. Drawing on court cases from the early 1910s, this article also examines the interaction of lower-class people with the state, their engagement with the legal system, their knowledge of the law, and the rhetorical strategies they employed to in their attempts to secure specific outcomes.

Petra Östergren (2017): From Zero-Tolerance to Full Integration: Rethinking Prostitution Policies. DemandAT Working Paper No. 10.
.
Abstract
.
This tenth DemandAT working paper by Petra Östergren fom Lund University develops a typology for prostitution policy regimes. Based on an inductive methodological approach, it presents a typology of three general prostitution policy models (or regimes), as repressive, restrictive or integrative. The intention of such a tripartite typology is that it can serve as a tool for assessing, evaluating and comparing prostitution policies, even in cases where they seem to contain contradictory or incoherent elements. Besides using the prostitution policy typology for analytical purposes, it can also serve as a tool for developing context-sensitive measures against violence, exploitation and trafficking in human beings in the sex work sector.

Klambauer, Eva. „On the Edges of the Law: Sex Workers’ Legal Consciousness in England“. International Journal of Law in Context, undefined/ed, 1–17. https://doi.org/10.1017/S1744552319000041.
.
Abstract
.
In England, sex workers are placed at the edges of the law. How the social and legal status of sex workers impacts on their perception of and interaction with the law in a semi-legal setting has not yet been explored. Drawing on fifty-two qualitative interviews with indoor and outdoor sex workers in England, this study investigates their disposition to the law, legality and the state. The commonalities and discrepancies between the experiences of indoor and outdoor sex workers reveal the influence of the combination of legal framework and social status on sex workers’ legal consciousness. This study finds that, even in a setting of semi-legality, sex workers attempt to avoid contact with state authorities. However, this aversion to the current law does not prevent them from making claims for legal change. Surprisingly, indoor and outdoor sex workers hold opposing views on the appropriate level of regulation and state involvement in the sex industry. Remarkably, although outdoor sex workers have more negative experiences with arbitrators of the law, they desire the law’s protection. In contrast, indoor sex workers’ main grievance is for sex work to be a legitimate industry that can operate with only minimal state control. These differences in outdoor and indoor workers’ legal claims are explicable by sharp cleavages in social status, vulnerability and degree of criminalisation. These findings demonstrate that intra-group differences in the legal consciousness of marginalised groups are key to understanding the role of social and legal status in shaping legal claims.
Fischer, Anne Gray. „“Land of the White Hunter”: Legal Liberalism and the Racial Politics of Morals Enforcement in Midcentury Los Angeles“. Journal of American History 105, Nr. 4 (2019): 868–84. https://doi.org/10.1093/jahist/jaz003.

.
Late one night in October 1961, Los Angeles police officers V. C. Dossey and C. H. Watson thought they had made a legitimate arrest when they charged Betty, a white woman, with disorderly conduct. The officers were in their radio car, patrolling a predominantly black neighborhood in South Los Angeles—an area, according to police, “plagued by females” engaging in suspect sexual practices—when they observed Betty “cruis[ing] in a manner designed to attract” the attention of men….

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.
.
Abstract
.

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.

Sex workers have reported a history of stigma associated with their identity and labor, which has resulted in numerous barriers to justice, social services, and healthcare. The current study aimed to experimentally investigate the effects of sex work stigma on observers’ victim blame and empathy toward sexual assault survivors. The participants included 197 undergraduate students from the Midwestern US who were randomly assigned to read a newspaper article reporting a sexual assault in which the victim’s identity was manipulated as a sex worker or a non-sex worker between the conditions. Results indicated participants assigned to the article describing the rape of a sex worker responded to the article with statistically less victim empathy and more victim blame than participants who read an article describing the rape of a non-sex worker. Integrating stigma theory and qualitative research on sex work stigma, the implications of the results demonstrate a significant barrier sex workers may face within the criminal justice system when reporting acts of violence against them. Recommendations for sex work decriminalization, changing the conversation of academic discourse on sex work, and educational initiatives are proposed to reduce the stigma of this marginalized population.