Few topics evoke so much anxiety and pleasure, pain and hope, discussion and silence as sexuality. Throughout the Christian era it has been a major moral preoccupation. Since the eighteenth century it has also been the focus of 'scientific' exploration and political activity. But, despite this obsessive concern, we are still as baffled as our predecessors about the 'true' meaning of sex. In this book Jeffrey Weeks unravels the dense web of historical, theoretical and political forces that have culminated in (...) the contemporary crisis of sexual meanings and values. The book begins with a powerful evocation of our present discontents and their potent signs: the rise of the New Right, the retreat of progressive forces and a wave of moral panics around sex. It argues that this crisis is rooted in a tradition which has ascribed an inflated importance to sexuality, whilst claiming a privileged access to truth. The author then examines radical debates of recent years, and asks whether they contain the potentiality for taking us beyond the existing boundaries of sexuality. From this analysis emerges a controversial 'radical pluralist' approach to sexuality built on an acceptance of diversity and choice. By linking our present discontents to a clear understanding of the past, Jeffrey Weeks presents a rational, optimistic and challenging vision of a realizable future. (shrink)

The clash between religious freedom and equality for lesbians and gay men has become a controversial legal issue in the United Kingdom. Increasingly, claims are made that compliance with anti-discrimination norms impacts upon conscientious, faith-based objectors to same-sex sexual acts. This article explores this issue and draws insights from North American case law, where this question has been considered in the context of competing constitutional rights. It raises far-reaching issues concerning the distinction between belief and practice, as well as the (...) role of identity in the public sphere. The author advocates that courts and tribunals should adopt a fact-specific approach which is sensitive to the rights in a particular context, and which focuses upon the values of accommodation, tolerance and mutual respect. (shrink)

There have recently been a number of high profile political incidents, and legal cases, that raise questions about hate speech. At the same time, the tensions, and perceived conflicts, between religion and sexuality have become controversial topics. This paper considers the relationship between religious freedom, free speech and equality through an analysis of recent case law in Great Britain, Canada and the United States. The paper starts with a discussion of how conflicts between these values arise in areas such as (...) hate speech and explores the differences between the European and US approach to this issue. In Council of Europe member states there is an increasing use of the criminal law to regulate hate speech. This paper argues that criminalisation of hate speech poses a distinct risk to the values of free speech and proposes alternative non-legal responses such as a greater use of cultural policy. The paper also explores a range of cases where the religion and sexual orientation conflict has arisen in areas such as the workplace. An analysis of these cases suggests that although there is no perfect resolution of this issue, it is possible to develop a set of principles that encourage a balance between the values of religious freedom, free speech and equality even in difficult situations where there is a conflict between religion and sexuality. The paper concludes with some practical recommendations for managing the tensions or conflicts between religious freedom, free speech and equality in liberal democracies. (shrink)

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

Just as the nation is imagined and produced through everyday rhetoric and maps and flags, it is also constructed on the skin, and through bodies, by different types of corporeal `flagging'. In this article, I use two examples of contemporary surgical procedures to explore these dynamics. Aesthetic surgeries on `white' subjects are not often interrogated for their racializing effects, but I use the concept of `flagging' to explore how these surgeries work in the UK to align `white' bodies with a (...) white nation. US media coverage of Iraq invasion veterans with prosthetic limbs circulates narratives of heroism and patriotism, and I explore how the apparent `visibility' of these limbs works to re-embed notions of the US as a transcendent Christian nation. In these two examples of corporeal modification, the nation is `flagged' on the skin, reiterating relationships of belonging that echo practical and conceptual links with property. Propertied belonging — possessive and constitutive — unfolds through bodies, producing whiteness not only as property itself, but also as unmarked, habitual terrain. (shrink)

The paper suggests that we can usefully approach whiteness through the lens of phenomenology. Whiteness could be described as an ongoing and unfinished history, which orientates bodies in specific directions, affecting how they `take up' space, and what they `can do'. The paper considers how whiteness functions as a habit, even a bad habit, which becomes a background to social action. The paper draws on experiences of inhabiting a white world as a non-white body, and explores how whiteness becomes worldly (...) through the noticeability of the arrival of some bodies more than others. A phenomenology of whiteness helps us to notice institutional habits; it brings what is behind to the surface in a certain way. (shrink)

This article focuses on the new economy. While a number of recent analyses have considered how new economic arrangements rework a range of material relations, this article suggests that such considerations have tended to stop short of considering how material relations may be reconstituting vis-à-vis the people who are working in the new economy. This is so, it will be argued, because there is a pervasive assumption of what is termed a social contract model of personhood, where people are assumed (...) to own or at least to strive to accumulate skills, capacities and abilities as forms of property in the person. However, what this article underscores is that the relations between people and their labour in the new economy are being reworked. In particular, it highlights how qualities previously associated with people are being disentangled and are becoming the object of processes of qualification and re-qualification. However, such qualities do not take the form of property in the person as claims towards the ‘ownership’ of this labour lie in the domain of audience effects - that is, in relations external to the person. This shift, it is argued further, locates labour in the new economy firmly in the domain of the production and circulation of cultural value. Indeed, more broadly this article suggests that the now commonplace idea that economy and culture are de-differentiating involves a previously unrecognized restructuring of the relations between people and property and even the end of the modern notion of personhood. (shrink)

The author examines the moral lobby in relation to the Thatcher administration. He explores such themes as abortion, under-sixteen contraception and embryo research.

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works (...) on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory. (shrink)