Feminist scholars have long been concerned with how women and sexuality are perceived and treated by the American legal system. Feminists have put forth a variety of arguments seeking the causes and solutions to the class-based and sex-biased characteristics of the legal system that contribute to the victimization of women in contemporary society. No consensus within the women's movement has been achieved on a number of legal issues, such as pornography or prostitution, since approaches are often divided by political, economic, moral, or sexual ideology.Women, Sex, and the Law is a comprehensive survey and analysis of the legal and sexual issues important to women. Rosemarie Tong introduces the reader to the different feminist and legal perspectives on the causes and solutions for the problems of pornography, sexual harassment, prostitution, rape, and woman-battering. Tong clearly and concisely details and assesses the legal theory and practice for each issue, describs and critiques the various feminist debates surrounding these concerns, and offers her own thoughtful proposals for ameliorating the discriminatory tendencies and improving the effectiveness of our present legal system.
Author(s): Rosemarie Tong
Publisher: Rowman & Allanheld
Year: 1984
Language: English
Pages: 216
Acknowledgments, vii
Introduction, 1
Notes, 5
1 Pornography, 6
The Traditional Concept of Pornography in Anglo-American Law, 7
Toward a Definition of Women-Degrading Pornography, 9
The Search for an Appropriate Legal Response to Gyno-Thanatica, 13
Conclusion, 27
Notes, 32
2 Prostitution, 37
The Traditional Image, 38
Arguments for Criminalization, Legalization, and Decriminalization, 39
Feminist Concepts of Prostitution, 48
Feminist Legal Approaches to Prostitution, 55
Conclusion, 59
Notes, 61
3 Sexual Harassment, 65
The Ubiquitous Phenomenon, 67
Standard Legal Responses, 71
Feminist Legal Responses: Antidiscrimination Law, 77
Extralegal Remedies, 83
Conclusion, 87
Notes, 88
4 Rape, 90
Traditional and Contemporary Definitions, 91
The Effect of Misogynistic Images on Legal Theory and Practice, 98
Recent Reforms in Rape Law, 104
Conclusion, 119
Notes, 120
5 Woman-Battering, 124
Definition and Causes, 125
Traditional Legal Doctrine, 127
Civil and Criminal Remedies, 128
The Search for More Effective Legal Remedies, 141
The Connections Between Woman-Battering and Spouse Murder, 145
Conclusion, 149
Notes, 150
6 Black Perspectives on Women, Sex, and the Law, 153
Pornography, 155
Prostitution, 159
Sexual Harassment, 162
Rape, 166
Woman-Battering, 169
Conclusion, 171
Notes, 172
7 Lesbian Perspectives on Women, Sex, and the Law, 175
Pornography, 179
Prostitution, 181
Sexual Harassment, 186
Rape and Woman-Battering, 189
Conclusion, 190
Notes, 190
8 Conclusion, 193
Common Connections, 193
Differences of Perspective, 200
The Limits of the Law, 203
Notes, 207
Index, 209
