Overview

In this novel approach to understanding consent, Jill D. Weinberg presents two case studies of activities in which participants engage in violent acts: competitive mixed martial arts (MMA) and sexual sadism and masochism (BDSM). Participants in both cases assent to injury and thereby engage in a form of social decriminalization, using the language of consent to render their actions legally and socially tolerable. Yet, these activities are treated differently under criminal battery law: sports, including MMA, are generally absolved from the charge of criminal battery, whereas BDSM often represents a violation of criminal battery law. Using interviews and ethnographic observation, Weinberg argues that where law authorizes a person’s consent to an activity, as in MMA, consent is not meaningfully constructed or regulated by the participants themselves. In contrast, where law prohibits a person’s consent to an activity, as in BDSM, participants actively construct and regulate consent. A synthesis of criminal law and ethnography, Consensual Violence is a fascinating account of how consent is framed among participants engaged in violent acts and lays the groundwork for a sociological understanding of the process of decriminalization.

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9780520290655

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Jill D. Weinberg, PhD, JD, is Assistant Professor of Sociology at Tufts University and a scholar at the American Bar Foundation. Popular accounts of her work have appeared in the Advocate, the Huffington Post, Talking Points Memo, Truthout, and the Society Pages.

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