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consent

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Journal Article
differences (2019) 30 (1): 148–156.
Published: 01 May 2019
...Emily A. Owens This essay frames contemporary antiviolence movements’ embrace of “consent” through its historical context. To the extent that consent has been a harbinger of liberal humanism, it has frequently sutured the freedom of some to the unfreedom of most. In particular, this essay...
Journal Article
differences (2013) 24 (1): 30–54.
Published: 01 May 2013
...Jane Anna Gordon Revisiting Carole Pateman's classic discussion of women and consent, this essay advances a qualified defense of consent through defending a second, less hegemonic model of it as articulated most forcefully by Jean-Jacques Rousseau. Although difficult to realize, the author argues...
Journal Article
differences (2013) 24 (1): 55–103.
Published: 01 May 2013
...Joseph Fischel This essay argues that the “consenting adult,” while politically seductive and exonerative, is ultimately a perverted figure for progressive sexual politics. Valorized, the “consenting adult” generates a moralized portraiture of good and bad sexual personae rather than propelling...
Journal Article
differences (2013) 24 (3): 63–100.
Published: 01 December 2013
... as a political strategy of refusal and illegibility. Waddedar’s iteration of sati relies on its peculiar status in nineteenth-century colonial law, where it was classified as “voluntary culpable homicide by consent.” This legislation inaugurated a new juridical index of female desire that shaped the political...
Journal Article
differences (2019) 30 (1): 197–227.
Published: 01 May 2019
...Jennifer C. Nash “Pedagogies of Desire” explores how women’s studies—a field that has long engaged sex as a space steeped in power, hierarchy, and inequality—has come to invest in affirmative consent as the sexual ethic that can produce sex as a territory free of violence. This essay explores...
Journal Article
differences (2016) 27 (1): 94–142.
Published: 01 May 2016
... become an argument for the regime’s “revolutionary” aspects. This article argues that “land reclamation” was a fundamental policy and ideology of Italian fascism. It claims that reclamation furnishes the literal and figurative grounds of consent to the regime: this is to say, reclamation as policy...
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Journal Article
differences (2019) 30 (1): 1–14.
Published: 01 May 2019
... and contestations over its rules of sexual engagement, including deliberations on the Larry Nassar case, the complexity of “consent” as a property-based ethics, the pedagogy of “trigger warnings,” and the difficulties facing institutional feminism as it seeks to found and promote a university culture free of sexual...
Journal Article
differences (2019) 30 (1): 100–118.
Published: 01 May 2019
...; on the contrary, the operations of her textuality only intensify her stakes, thereby implicating feminism right alongside patriarchal cultures in the deadly life of pleasure. The unique value of MacKinnon’s feminism is to be located not in its foreclosures of sexual pleasure and consent, but in her anguish...
Journal Article
differences (2019) 30 (1): 34–54.
Published: 01 May 2019
... as sexually discriminating or subordinating) and its panicked equivalences (regrouping consented-to but unwanted and uncomfortable sex as assaultive) can be understood nontrivially but incompletely as MacKinnon’s progeny. MacKinnon bequeaths both political projects to feminism, two political children...
Journal Article
differences (2013) 24 (3): 175–177.
Published: 01 December 2013
... Consent: A Sexual Politics of Debility.” 24.1: 55–103. Gordon, Jane Anna. “On the Indispensability of Consent to Politics: A Qualified Defense.” 24.1: 30–54. He, Chengzhou. “Trespassing, Crisis, and Renewal...
Journal Article
differences (2019) 30 (1): 15–23.
Published: 01 May 2019
... and language. Commentators have noted the bagginess of “sexual abuse” as a category that runs together violence and intimidation with various kinds of misconduct. They have pressed the always vexing question of what constitutes consent or worried about due process, seemingly suspended in the public outing...
Journal Article
differences (2021) 32 (3): 25–52.
Published: 01 December 2021
... protagonist is scapegoated for a crime that happened but that he did not commit. When, while incarcerated, “he is placed in solitary for refusing to be raped,” the novel suggests that the condition of entering into sociality is consenting to sexual violence (190). Regina Kunzel’s Criminal Intimacy has...
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Journal Article
differences (2019) 30 (1): 82–90.
Published: 01 May 2019
... understanding “sexual predator” as a legal category that typically requires a prior sex crime conviction, using it instead as a cultural category to mean anyone with sexual intentions toward those under the age of consent. Given the ways that legal categories are produced through shifting cultural...
Journal Article
differences (2007) 18 (3): 81–96.
Published: 01 December 2007
.... Sup. Ct. 1965 . Haag, Pamela. Consent: Sexual Rights and the Transformation of American Liberalism . Ithaca, ny: Cornell up, 1999 . Lawrence v. Texas . 539 u.s. 558. u.s. Sup. Ct. 2003 . Loving v. Virginia . 388 u.s. 1. u.s. Sup. Ct. 1967 . Morris, David B. The Culture of Pain...
Journal Article
differences (2021) 32 (2): 122–160.
Published: 01 September 2021
... for which consent is a defense” (197). If proving consent (or lack thereof) begins as a practical problem for complainants, it quickly becomes a conceptual one. As Ferguson memorably put it, rape “is remarkable for focusing attention on mental states and their apprehension” (88). It is not just that she...
Journal Article
differences (1989) 1 (3): 55–87.
Published: 01 November 1989
.... God knows; and He is merciful! He hath proved his mercy, most of all, in my afflictions." (181) Two aspects of this exchange define the novel's logic of masculine power. First, the outcome of this moment is a renewal of male domina- tion. Hester Prynne "consents" to live eternally separate from...
Journal Article
differences (1999) 11 (1): 68–111.
Published: 01 May 1999
... uncertainty of consent” (103). Viewed in these terms, the Marriage Act has important implications for historiography itself. In particular, its legacy as a force of order and stability raises a number of pressing questions about our capacity...
Journal Article
differences (2018) 29 (2): 96–125.
Published: 01 September 2018
... students at Penn State in 1999, Parker and Celestin were charged with raping a classmate who had been drinking and who claimed she was too incapacitated to consent. Celestin was convicted of sexual assault and Parker was acquitted on all charges. For those well versed in sexual assault cases on college...
Journal Article
differences (2004) 15 (2): 91–117.
Published: 01 September 2004
... on the territory without consent is questionable. Signifi cant economic advantages to the nation accrue from 98 The “Mere Fortuity” of Birth? their presence (97); steps to remove illegal...
Journal Article
differences (2015) 26 (2): 1–28.
Published: 01 September 2015
... leaks. Child pornography laws emerged in the United States in the late 1980s in response to video and digital images. According to these laws (also developed in relation to a New York State case), it is impossible for a minor to consent. Child pornography first emerged as a crime because, it was argued...
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