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Journal articles on the topic 'Sex and law – history'

Author: Grafiati

Published: 27 July 2024

Last updated: 31 July 2025

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1

Eskridge, William N. "A History of Same-Sex Marriage." Virginia Law Review 79, no. 7 (1993): 1419. http://dx.doi.org/10.2307/1073379.

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2

Morais, Nina. "Sex Discrimination and the Fourteenth Amendment: Lost History." Yale Law Journal 97, no. 6 (1988): 1153. http://dx.doi.org/10.2307/796345.

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3

Volpp, Sophie. "Sex, Law, and Society in Late Imperial China (review)." Journal of the History of Sexuality 10, no. 3 (2001): 588–91. http://dx.doi.org/10.1353/sex.2001.0078.

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4

Ruskola, Teemu, and Matthew H. Sommer. "Sex, Law, and Society in Late Imperial China." American Journal of Legal History 44, no. 4 (2000): 517. http://dx.doi.org/10.2307/3113842.

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5

Schmidt, Albert J., James A. Brundage, Martin Ingram, and Roderick Phillips. "Law, Sex, and Christian Society in Medieval Europe." American Journal of Legal History 34, no. 1 (1990): 92. http://dx.doi.org/10.2307/845358.

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6

Tabuteau, Emily Zack, and James A. Brundage. "Law, Sex and Christian Society in Medieval Europe." American Journal of Legal History 34, no. 4 (1990): 415. http://dx.doi.org/10.2307/845831.

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7

Doyle, Christopher L., and John Ruston Pagan. "Anne Orthwood's Bastard: Sex and Law in Early Virginia." Journal of Southern History 70, no. 2 (2004): 413. http://dx.doi.org/10.2307/27648410.

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8

Fisher, Dennis G., Michael E. Milroy, Grace L. Reynolds, Jennifer A. Klahn, and Michele M. Wood. "Arrest History among Men and Sexual Orientation." Crime & Delinquency 50, no. 1 (2004): 32–42. http://dx.doi.org/10.1177/0011128703258870.

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This study explored associations between ever having been arrested and other variables among 490 male drug users. Participants were classified into three groups based on recent sexual history: men who had not had sex (NOSEX), men who had had sex with women (HETERO), and men who had had sex with men (MSM). We found thatMSMwho had been arrested were more likely to have had syphilis and gonorrhea, exchanged sex for either drugs or money, and exchanged money or drugs for sex. Given concerns about the syphilis epidemic in California among MSM, we recommend that correctional facilities engage in a v

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9

HENSLEY, CHRISTOPHER, CINDY STRUCKMAN-JOHNSON, and HELEN M. EIGENBERG. "Introduction: The History of Prison Sex Research." Prison Journal 80, no. 4 (2000): 360–67. http://dx.doi.org/10.1177/0032885500080004002.

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10

Frydman, Hannah. "Freedom's Sex Problem." French Historical Studies 44, no. 4 (2021): 675–709. http://dx.doi.org/10.1215/00161071-9248720.

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Abstract In Third Republican Paris, newspapers' classified sections were cast as sites of sexual demoralization peopled by prostitutes, pornographers, and abortionists. Moralizing this space was no easy task: sex was discussed in code, making it hard to distinguish between legitimate and illegitimate ads—between ads for midwives and those for abortionists. Could the law read symptomatically to make the distinction? Or was it limited to surface reading? This article shows how classified texts became sites of regulatory indeterminacy, staging tensions between the regulation of “deviant” sexualit

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11

Herlihy, David, and James A. Brundage. "Law, Sex, and Christian Society in Medieval Europe." American Historical Review 94, no. 4 (1989): 1072. http://dx.doi.org/10.2307/1906629.

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12

Diamant, Neil J., and Matthew H. Sommer. "Sex, Law, and Society in Late Imperial China." American Historical Review 106, no. 2 (2001): 546. http://dx.doi.org/10.2307/2651639.

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13

Muravyeva, Marianna. "Sex, Crime and the Law: Russian and European Early Modern Legal Thought on Sex Crimes." Comparative Legal History 1, no. 1 (2013): 75–103. http://dx.doi.org/10.5235/2049677x.1.1.75.

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14

Cody, Lisa A. "A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven (review)." Journal of the History of Sexuality 11, no. 4 (2002): 681–83. http://dx.doi.org/10.1353/sex.2003.0033.

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15

Cole, Stephanie, and Nancy Isenberg. "Sex and Citizenship in Antebellum America." American Journal of Legal History 44, no. 4 (2000): 480. http://dx.doi.org/10.2307/3113819.

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16

Davidson, Naomi. ":Sex, Law, and Sovereignty in French Algeria, 1830–1930." Journal of Modern History 95, no. 1 (2023): 206–8. http://dx.doi.org/10.1086/723348.

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17

Gosine, Andil. "Animal History; Animal Future?" Small Axe: A Caribbean Journal of Criticism 27, no. 2 (2023): 187–200. http://dx.doi.org/10.1215/07990537-10795391.

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Through three short meditations that range from border crossing between the United States and Canada to a Beyoncé song, the author considers responses from Kedon Willis, Rajiv Mohabir, and Michelle V. Rowley to his 2021 book Nature’s Wild: Love, Sex, and Law in the Caribbean. The essay revisits and further advances the central thesis of Nature’s Wild, which recalls the work and multiple legacies of racialized animalization during and after European colonization of the Caribbean, and weighs the possibilities of embracing animality.

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18

Davidson, Roger. ""This Pernicious Delusion": Law, Medicine, and Child Sexual Abuse in Early-Twentieth-Century Scotland." Journal of the History of Sexuality 10, no. 1 (2001): 62–77. http://dx.doi.org/10.1353/sex.2001.0006.

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19

Holloway, Colin P., and Richard L. Wiener. "Criminal History, Sex, and Employment: Sex Differences in Ex‐Offender Hiring Stigma." Analyses of Social Issues and Public Policy 20, no. 1 (2020): 211–29. http://dx.doi.org/10.1111/asap.12192.

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20

Aroney, Eurydice, and Penny Crofts. "How Sex Worker Activism Influenced the Decriminalisation of Sex Work in NSW, Australia." International Journal for Crime, Justice and Social Democracy 8, no. 2 (2019): 50–67. http://dx.doi.org/10.5204/ijcjsd.v8i2.955.

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In 2015, Amnesty International joined over 200 sex worker organisations in the call for nations to decriminalise sex work. Despite this, only two jurisdictions in the world, New Zealand and New South Wales (NSW; Australia), have adopted this approach. This article examines the role that sex worker activists played in sex work law reform in NSW through their representative organisation, the Australian Prostitutes Collective (APC). The APC produced and submitted groundbreaking research to the Select Committee of the NSW Legislative Assembly on Prostitution (1983–1986) whose recommendations laid

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21

Karras, Ruth Mazo. "Power over the Body, Equality in the Family: Rights and Domestic Relations in Medieval Canon Law (review)." Journal of the History of Sexuality 14, no. 4 (2005): 474–79. http://dx.doi.org/10.1353/sex.2006.0038.

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22

Welch, Brittney M. "Public Health and Sex Work: Using History to Motivate Change." Journal of Legal Medicine 41, no. 1-2 (2021): 95–108. http://dx.doi.org/10.1080/01947648.2021.1935633.

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23

Griswold, Robert L. "Law, Sex, Cruelty, and Divorce in Victorian America, 1840-1900." American Quarterly 38, no. 5 (1986): 721. http://dx.doi.org/10.2307/2712820.

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24

Dinner, Deborah. "A Troubled Relationship: Sex Equality and the Limits of Law." Journal of Women's History 31, no. 4 (2019): 134–38. http://dx.doi.org/10.1353/jowh.2019.0041.

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25

Chaudhuri, Tanni. "Megan's Law and Durkheim’s Perspective of Punishment: Retribution, Rehabilitation or Both?" Journal of Arts and Humanities 6, no. 7 (2017): 62. http://dx.doi.org/10.18533/journal.v6i7.1235.

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<p>The victimization of Adam Walsh, Jacob Wetterling and Megan Kanka has been instrumental in designing sex offender laws. Registration and Community Notification Laws (RCNLs) are informally known as Megan’s Law (Terry 2011.) This paper explores sex offender legislation from the Durkheimian framework of retribution versus rehabilitation. In this paper I attempt to answer the research question: Does sex offender legislation respond to the diluted stance of punishment, which Durkheim envisioned is characteristic of modern societal sentiments (rehabilitation replacing retribution)? Why or w

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26

Xiangyu 胡祥雨, Hu. "Sex, Status, and the Normalization of the Law." T’oung Pao 99, no. 4-5 (2013): 500–538. http://dx.doi.org/10.1163/15685322-9945p0007.

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When the Qing court adjudicated illicit sex cases involving imperial clansmen, a clear distinction was made between the nature of the crime and the applicability of punishment. This distinction reveals an imbalance in the way law was normalized in Qing China. Definitions of illicit sexual behavior reflected a relatively uniform standard that applied to different social statuses and ethnicities, while punishment for offenders was often differentiated and proved to be much more closely related to social standing. Thus, in terms of their behavior, imperial clansmen were generally subject to the s

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27

Woolf, D. R., and Anthony Fletcher. "Gender, Sex and Subordination in England 1500-1800." American Journal of Legal History 41, no. 1 (1997): 167. http://dx.doi.org/10.2307/845501.

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28

Le Blanc, Robin M. "Law in Everyday Japan: Sex, Sumo, Suicide, and Statutes (review)." Monumenta Nipponica 61, no. 2 (2006): 278–81. http://dx.doi.org/10.1353/mni.2006.0018.

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29

West, Robin. "A Comment on Consent, Sex, and Rape." Legal Theory 2, no. 3 (1996): 233–51. http://dx.doi.org/10.1017/s1352325200000501.

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During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all three were aimed toward the general end of redirecting rape law toward the protectio

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30

Boswell, Angela, and Mark M. Carroll. "Homesteads Ungovernable: Families, Sex, Race, and the Law in Frontier Texas, 1823-1860." Journal of Southern History 68, no. 4 (2002): 937. http://dx.doi.org/10.2307/3069796.

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31

Hodes, Martha, and Peter W. Bardaglio. "Reconstructing the Household: Families, Sex, and the Law in the Nineteenth-Century South." Journal of Southern History 63, no. 1 (1997): 166. http://dx.doi.org/10.2307/2211967.

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32

McKanna, Clare V., and Mark M. Carroll. "Homesteads Ungovernable: Families, Sex, Race, and the Law in Frontier Texas, 1823-1860." Western Historical Quarterly 33, no. 3 (2002): 353. http://dx.doi.org/10.2307/4144848.

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33

Whaley, Joachim. "Liaisons dangereuses. Sex, Law and Diplomacy in the Age of Frederick the Great." Journal of Early Modern History 11, no. 1-2 (2007): 169–70. http://dx.doi.org/10.1163/157006507780385251.

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34

Simms, B. "Liaisons Dangereuses: Sex, Law, and Diplomacy in the Age of Frederick the Great." German History 25, no. 3 (2007): 440–41. http://dx.doi.org/10.1177/02663554070250030803.

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35

Sperber, Jonathan. "Liaisons dangereuses: Sex, Law, and Diplomacy in the Age of Frederick the Great." Central European History 40, no. 1 (2007): 146–48. http://dx.doi.org/10.1017/s0008938907000350.

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36

WRIGLEY, E. A., and RICHARD SMITH. "MALTHUS AND THE POOR LAW." Historical Journal 63, no. 1 (2019): 33–62. http://dx.doi.org/10.1017/s0018246x19000177.

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AbstractMalthus was severely critical of the old poor law, especially when the payments paid to recipients were made in conformity to the principles adopted by the local magistrates in Speenhamland in 1795. He considered that it encouraged early and improvident marriage with unfortunate consequences. There have been a number of attempts to determine whether Malthus was justified in supposing that the old poor law had this effect, some concluding that he was correct in his assumption, others that he was mistaken. The information contained in the first four English censuses did not include a bre

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37

Gilliam, Nancy T. "A Professional Pioneer: Myra Bradwell's Fight to Practice Law." Law and History Review 5, no. 1 (1987): 105–33. http://dx.doi.org/10.2307/743938.

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In April of 1873, the United States Supreme Court rejected Myra Bradwell's claim that the right to practice law should be acknowledged as one of the privileges and immunities of United States citizenship. Thus, the first case of sex discrimination to be heard by the Court was resolved against the woman, as would be every subsequent claim but one for the next ninety-eight years.

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38

Noll, Steven, and Edward J. Larson. "Sex, Race, and Science: Eugenics in the Deep South." American Journal of Legal History 39, no. 3 (1995): 398. http://dx.doi.org/10.2307/845801.

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39

Goheen, R. B., and Martin Ingram. "Church Courts, Sex and Marriage in England, 1570-1640." American Journal of Legal History 34, no. 4 (1990): 444. http://dx.doi.org/10.2307/845850.

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40

Essop Sheik, Nafisa. "Cultures of Sex, Laws of Difference: Age of Consent Law and the Forging of a Fraternal Contract on the Margins of the Nineteenth-Century British Empire." Law and History Review 38, no. 1 (2020): 201–18. http://dx.doi.org/10.1017/s0738248020000048.

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In the British colony of Natal, laws governing sex for settlers were concerned with reproduction and sexual respectability, which were the grounds for imagining difference amongst imperial populations only recently assembled under colonial jurisdiction. Age of consent laws arose out of these contingencies rather than out of any concern with a liberal politics of social reform. Consequently, colonial age of consent laws governing white settlers bore only superficial resemblance to metropolitan legislative reforms such as age of consent laws. Instead, the Natal state's practices of law-making re

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41

Potot-Warren, Jade. "Confusing, Dated and Ineffective? Current Sex Work Laws in England and Wales and Proposals for Reform." Student Journal of Professional Practice and Academic Research 3, no. 1 (2021): 4–13. http://dx.doi.org/10.19164/sjppar.v3i1.1098.

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Sex work is defined as ‘a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person’ . Sex work law is often controversial, and must balance the interests of the workers, the clients and the public. Examination of the relevant law relating to sex work, and the history and policy considerations that influenced it are crucial to understanding the principles that underpin the current law, as well as its application and flaws. There are a variety of critiques o

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42

García-González, Andrea, Siobhan Magee, Bruce O'Neill, and Anja Zlatović. "Reviews." Anthropological Journal of European Cultures 31, no. 2 (2022): 157–65. http://dx.doi.org/10.3167/ajec.2022.310209.

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Alessandra Gribaldo (2021), Unexpected Subjects: Intimate Partner Violence, Testimony, and the Law (Chicago: Hau Books), 148 pp., $20, ISBN: 9781912808304. Agnieszka Kościańska (2021), To See a Moose: The History of Polish Sex Education (New York: Berghahn). Andrea Matošević (2021), Almost, but Not Quite Bored in Pula: An Anthropological Study of the Tapija Phenomenon in Northwest Croatia (Oxford: Berghahn Books). Aleksandra Pavićević (2021), Funerary Practices in Serbia (Bingley: Emerald Publishing Limited), 200 pp., ISBN 978-1787691827.

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43

Ryan, Rebecca M. "The Sex Right: A Legal History of the Marital Rape Exemption." Law & Social Inquiry 20, no. 04 (1995): 941–1001. http://dx.doi.org/10.1111/j.1747-4469.1995.tb00697.x.

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How did the American legal elite come to reject the husband's privilege to rape his wife. What is the significance of that rejection. This essay traces theories justifying the marital rape exemption from the 17th century, focusing on the period following World War II. The history illustrates how the postwar legal elite's limited progressivism created inconsistent arguments that left the exemption open for attack, an attack that came from within the 1970s feminist movement. Radical feminist rhetoric about sexuality, rape, and marriage pulled away the last layer of theoretical support for the ex

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44

Lacey, Nicola. "Unspeakable Subjects, Impossible Rights: Sexuality, Integrity and Criminal Law." Canadian Journal of Law & Jurisprudence 11, no. 1 (1998): 47–68. http://dx.doi.org/10.1017/s0841820900001685.

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As Michel Foucault famously observed, the Nineteenth Century’s construction of sexuality as an unspeakable subject paradoxically generated an extraordinary amount of talk about sex. This paper engages with another paradox in the same field: for my main thesis will be that the criminal law which purports to regulate sexual behaviour has, in an important sense, very little to do with sex at all.Perhaps this rather startling aspect of my argument explains the difficulty which I had in writing the paper. It probably had more to do, however, with the fact that it was originally written as an inaugu

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45

Lefkovitz, Alison. "“The Peculiar Anomaly”: Same-Sex Infidelity in Postwar Divorce Courts." Law and History Review 33, no. 3 (2015): 665–701. http://dx.doi.org/10.1017/s0738248015000243.

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It was a simple tale of betrayal. In 1950, a Pennsylvania husband returned home from a business trip to find his wife—known to us today only by her initials CD—having sex with the female athletic director of a local school. This wife was only one of many women caught having sex with other women in the era following World War II. Although many closeted men and women enjoyed vibrant sexual and social lives in gay and lesbian communities, sometimes commanding officers, bosses, and police officers caught and punished men and women engaging in “deviant” sexual activity. Punishments ranged from arre

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46

Woolf, D. R., and Laura Gowing. "Domestic Dangers: Women, Words, and Sex in Early Modern London." American Journal of Legal History 43, no. 1 (1999): 77. http://dx.doi.org/10.2307/846133.

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47

Woolf, D. R. "Domestic Dangers: Women, Words, and Sex in Early Modern London." American Journal of Legal History 43, no. 1 (1999): 77–79. http://dx.doi.org/10.1093/ajlh/43.1.77.

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48

Connell, Kieran. "PROS: The Programme for the Reform of the Law on Soliciting, 1976–1982." Twentieth Century British History 31, no. 3 (2019): 387–412. http://dx.doi.org/10.1093/tcbh/hwz032.

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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 f

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49

Cuno, K. M. "LIAT KOZMA. Policing Egyptian Women: Sex, Law, and Medicine in Khedival Egypt." American Historical Review 118, no. 1 (2013): 292–93. http://dx.doi.org/10.1093/ahr/118.1.292.

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50

Censer, Jane Turner, and Peter W. Bardaglio. "Reconstructing the Household: Families, Sex, and the Law in the Nineteenth-Century South." American Journal of Legal History 40, no. 3 (1996): 400. http://dx.doi.org/10.2307/845648.

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