Criminalizing Sex: A Unified Liberal Theory

Author:   Stuart P. Green (Distinguished Professor of Law, Distinguished Professor of Law, Rutgers University)
Publisher:   Oxford University Press Inc
ISBN:  

9780197507483


Pages:   408
Publication Date:   22 June 2020
Format:   Hardback
Availability:   To order   Availability explained
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Criminalizing Sex: A Unified Liberal Theory


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Full Product Details

Author:   Stuart P. Green (Distinguished Professor of Law, Distinguished Professor of Law, Rutgers University)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.60cm , Height: 3.80cm , Length: 16.30cm
Weight:   0.703kg
ISBN:  

9780197507483


ISBN 10:   0197507484
Pages:   408
Publication Date:   22 June 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Preface Acknowledgements Introduction Part I. Conceptual Toolbox Chapter 1. The Sexual Offenses and Sexual Conduct Chapter 2. Autonomy and Consent Chapter 3. Criminalization and Liberalism Part II. Nonconsensual and Unwanted Sex Subpart A. Proving Nonconsent Chapter 4. Rape Law Commonalities Chapter 5. Rape as Unconsented-to Sex Chapter 6. Rape by Deception Chapter 7. Rape by Coercion Subpart B. Presuming Nonconsent Chapter 8. Incapacity to Consent Chapter 9. Statutory Rape Chapter 10. Abuse of Position Subpart C. Unwanted Sex Chapter 11. Sexual Harassment as Crime Subpart D. Assumption of Risk Chapter 12. Voyeurism Chapter 13. Indecent Exposure Part III. Putatively Consensual Sex Chapter 14. Incest Chapter 15. Sadomasochistic Assault Chapter 16. Prostitution Part IV. Aconsensual Sex Chapter 17. Bestiality Chapter 18. Necrophilia Conclusion Bibliography

Reviews

An indispensible read for anyone interested in criminal law theory and sexual offenses, Stuart Green's newest book scrutinizes the foundations of prohibitions that target a large variety of sexual misconduct, from rape to necrophilia. His conceptual framework emphasizes, in a liberal tradition, the distinction between consensual and nonconsensual sex. Readers from all over the world will profit from this clear, analytical approach that transcends the boundaries of national law. * Dr Tatjana Hoernle, Professor, Max Planck Max Planck Institute for Foreign and International Criminal Law * In this magisterial work, Professor Stuart Green uses his powerful intellect and tender spirit to produce an insightful, rigorous, and sensitive critique of sexual offences law. The book is marked by care, precision and a deep understanding of the law. It provides an overview of all sexual offences, taking the reader back to the starting points to examine how we categorize and label these crimes. I am sure it will come to be recognized as a work of enormous significance in this area of the law. * Jonathan Herring, Vice Dean and Professor of Law, Faculty of Law, University of Oxford and DM Wolfe-Clarendon Fellow in Law, Exeter College, University of Oxford * Stuart Green's Criminalizing Sex is the most important contribution to the scholarly literature regarding sexual offenses in decades. Indeed, it ranks amongst the most important contributions of all time to this literature - all the while displaying insightful attention to recent issues that have sparked broad reconsideration regarding the criminalization of sexual conduct and misconduct. Even those who may disagree with some of his arguments will find themselves grateful for his clear, careful, and insightful analysis. A must-read for scholars, policy-makers, and lay readers alike, Green's book is, quite simply, a masterpiece, by one of the leading criminal law scholars of our generation. * Michelle Dempsey, Professor of Law and Harold Reuschlein Scholar Chair, Villanova University, Charles Widger School of Law * Stuart Green's Criminalizing Sex tells us why fortifying negative rights to freedom from sexual assault can undermine positive rights to consensual relations. Green considers sex crimes as obscure as necrophilia and as common as prostitution in his wide-ranging study. An engaging and brilliant writer, Green leaves readers more sophisticated consumers of contemporary controversies that swirl around such characters as Brett Kavanaugh, Louis C-K, and Larry Nassar. Highly recommended. * Sherry F. Colb, C.S. Wong Professor of Law, Cornell University *


""Stuart Green's Criminalizing Sex tells us why fortifying negative rights to freedom from sexual assault can undermine positive rights to consensual relations. Green considers sex crimes as obscure as necrophilia and as common as prostitution in his wide-ranging study. An engaging and brilliant writer, Green leaves readers more sophisticated consumers of contemporary controversies that swirl around such characters as Brett Kavanaugh, Louis C-K, and Larry Nassar. Highly recommended."" -- Sherry F. Colb, C.S. Wong Professor of Law, Cornell University ""Stuart Green's Criminalizing Sex is the most important contribution to the scholarly literature regarding sexual offenses in decades. Indeed, it ranks amongst the most important contributions of all time to this literature -- all the while displaying insightful attention to recent issues that have sparked broad reconsideration regarding the criminalization of sexual conduct and misconduct. Even those who may disagree with some of his arguments will find themselves grateful for his clear, careful, and insightful analysis. A must-read for scholars, policy-makers, and lay readers alike, Green's book is, quite simply, a masterpiece, by one of the leading criminal law scholars of our generation."" -- Michelle Dempsey, Professor of Law and Harold Reuschlein Scholar Chair, Villanova University, Charles Widger School of Law ""In this magisterial work, Professor Stuart Green uses his powerful intellect and tender spirit to produce an insightful, rigorous, and sensitive critique of sexual offences law. The book is marked by care, precision and a deep understanding of the law. It provides an overview of all sexual offences, taking the reader back to the starting points to examine how we categorize and label these crimes. I am sure it will come to be recognized as a work of enormous significance in this area of the law."" -- Jonathan Herring, Vice Dean and Professor of Law, Faculty of Law, University of Oxford and DM Wolfe-Clarendon Fellow in Law, Exeter College, University of Oxford ""An indispensible read for anyone interested in criminal law theory and sexual offenses, Stuart Green's newest book scrutinizes the foundations of prohibitions that target a large variety of sexual misconduct, from rape to necrophilia. His conceptual framework emphasizes, in a liberal tradition, the distinction between consensual and nonconsensual sex. Readers from all over the world will profit from this clear, analytical approach that transcends the boundaries of national law."" -- Dr Tatjana Hörnle, Professor, Max Planck Institute for Foreign and International Criminal Law


Author Information

Stuart P. Green is a Distinguished Professor of Law at Rutgers University.

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Latest Reading Guide

NOV RG 20252

 

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