Legal Studies | 2020 Chapter Showcase

LEGAL STUDIES | 2020 CHAPTER SHOWCASE LEXINGTON BOOKS An Imprint of Rowman & Littlefield LEXINGTON BOOKS CHAPTER SHOWCASE FROM THE EDITOR Lexington Books is committed to publishing high-quality legal studies scholarship across the many topics and subdisciplines of the field. Our books transcend disciplinary divides and use a variety of viewpoints to address topics related to law and justice across international borders, communities, cultures, races, identities, and political lines. We offer the most current and premium academic thought in the field for scholars, researchers, and students. The chapters included here highlight compelling and constructive research from some of our recently published titles, ranging from books that examine the impact of social media on not only our legal systems but also our society as a whole to volumes analyzing freedom of speech and the often ignored weight of language. Our legal studies publications are written by diverse and innovative thinkers exploring areas like international law, legal writing, tax law, constitutional law, and Supreme Court jurisprudence. In the spirit of expanding the practice and pursuit of law I am actively working to broaden our focus to include titles on environmental law, socio-legal issues, medical law, immigration and refugee reform, LGBTQ+ rights, and AI in our criminal justice systems. I invite you to publish your next scholarly book with Lexington Books. We publish monographs, edited collections, and revised dissertations by emerging and established scholars, including interdisciplinary and multidisciplinary works. Lexington Books offers an expedited decision-making process, peer review, and a rapid production process to ensure that your research is published quickly. We publish high-quality books with full-color covers and we market our new titles aggressively around the globe. Our titles are regularly reviewed in scholarly journals and have received significant awards and honors for academic scholarship. To submit a proposal for a book project, please review our submission guidelines and email a full prospectus to me at [email protected]. Or, if you prefer to discuss your project with me first, please email me to set up a time for a phone call. I look forward to hearing from you. Sincerely, Becca Rohde Beurer Associate Acquisitions Editor LEXINGTON BOOKS contents 4-23 Francine Tremblay, “The Trouble with Sex in Sex Work” in Organizing for Sex Workers’ Rights in Montréal: Resistance and Advocacy 24-71 Anthony Gray, “European Case Law” in Freedom of Speech in the Western World: Comparison and Critique 72-149 Mark W. Klingensmith, “Rock Music,” in Lyrics in the Law: Music’s Influence on America’s Courts 150-177 Francine Banner, “Reckoning: People v. Weinstein,” in Crowdsourcing the Law: Trying Sexual Assault on Social Media 178-219 Pauline Collins, “The Australian Military Experience: Discipline and Morality” in The Military as a Separate Society: Consequences for Discipline in the United States and Australia The pagination of the original chapters has been preserved to enable accurate citations of these chapters. These chapters are provided for personal use only and may not be reproduced in any form or by any electronic or mechanical means without permission of the publisher. All rights reserved. Francine Tremblay, “The Trouble with Sex in Sex Work” in Organizing for Sex Workers’ Rights in Montréal: Resistance and Advocacy (Lanham, MD: Lexington Books, 2020), 147-66 All rights reserved. Instructions for inserting chapter pages: 1. Go to File / Paste or command +D 2. Select the PDF 3. Check show import options at the bottom 4. Under place PDF select All pages under pages Chapter Six 5. OK Final Reflections: The Trouble with Sex in Sex Work At the beginning of my reflection I maintained that three concerns were responsible for the Protection of Communities and Exploited Persons Act (PCEPA): trafficking, sexuality, and sex work as labor. In this final chapter I wish to address the last two. And in order to build my case I must first explain how an image, a symbol, becomes a stereotype, and for this I will refer to Durkheim’s concept of collective representations, which are forms of knowledge born during rituals (Durkheim [1912] 1991). Collective representations (CR) transmit ideas and values to a particular group about themselves, such as the middle class described in the introduc- tion. CRs are “symbols and myths about a group,” they give meaning to their everyday rituals and practices (Mallory and Cormack 2018, 5–12). There is a sense of identity attached to CR; members recognize each other by the language they use, their diction, education, and religion, just to give a few examples. “Categories presuppose the existence of boundaries, or lines of division that enable the ‘lumping’ or ‘grouping’ of practices, actors, and spaces into recognizable groups” (Mayrl and Sarak 2016). The sex worker category has become “real” through the birth of middle-class and bourgeois symbols of sexuality and femininity. The sex worker is incompatible with the middle-class notion of the mother/wife and thus she became the other—the unchaste. Or as a Durkheimian would say, a collective representation of all that is threatening of the stable bourgeois social order. The following chapter is about sexuality, its place in sex work, and examining the fear or malaise which this elicits in the general public. I argue that it is this fear, often linked to the fear of trafficking, which drives the prohibition movement. Perhaps no better example of the fear of sexuality can be found than in the following website discussion offered by an extremely conservative media 4 Lexington Books Legal Studies Chapter Showcase Chapter 6 outlet which nevertheless appears to have its own adherence. Let us briefly examine their main ideas. The Love and Fidelity Network believes that the flourishing of society de- pends on healthy family lives and stable marriages to provide the next generation with sound moral instruction and character development [. .]. These values are often either forgotten or attacked at today’s universities, where casual, “anything goes” attitudes about sexuality and relationships reign. It is crucial that young men and women in college—our next generation of parents and leaders—learn the realities of the sexual culture around them and how they can embrace a healthier and more responsible way of living out their sexuality and preparing for their own future marriages and families. (The Love and Fidelity Network 2017) As I have indicated, the position elaborated above is clearly very conservative and therefore may not express the views of the majority of the popula- tion. Nevertheless, the fact that the Love and Fidelity Network exists at all is a manifestation of a deep-seated fear of sexuality which must find an object to justify such fear. Clearly the whore stigma is ideally suited for this pur- pose, and while this may not be the only target of the wrath of the Love and Fidelity Network, it is certainly a collective representation which would be at the forefront of the right-wing collective conscience. In 2002, amid the trafficking rhetoric in Montréal, Stella’s board members and employees intensified the internal discussion about human rights, and the general perception that sex workers are incapable of making sense of their own lives. Stella was systematically confronted with the prohibitionist portrayal of sex workers as symbols of patriarchal oppression and as quintes- sential victims. Stella instead argued that these stereotypes contribute to the schism within women’s movements, and denounced the impertinence of certain feminists who accuse sex workers of being responsible for all wrongs committed toward women. This is an accusation which was often leveled against Stella. A challenge facing Stella revolved around notions of sexuality and the part they play in sex workers’ struggle for recognition. So once again, I must take the reader back in time when during the white slavery discourse and the ensuing agitation, something else entered the construct of a middle class: “sexology” (Hall 2004, 37). Indeed, the 1880s marked the beginning of interest in the sexuality of children (Foucault 1976, 142), working-class girls, and women in general (Foucault 1976, 211; Walkowitz 1980; Hall 2004), giving rise to the Social Purity Movement. Foucault (1976) and Walkowitz (1980) both demonstrate how in the 1800s, public authorities seemed to be increasingly preoccupied with the behavior of members of the working class and those living in poverty—their sexual habits, and their lifestyles. Later, Howell (1999) states how race became a concern for public authorities—the fear of “pollution” a concern with Lexington Books Legal Studies Chapter Showcase 5 Final Reflections: The Trouble with Sex in Sex Work race. It was the sexual habits of the working class, or the residuum as they were often referred to that, according to Walkowitz, contributed to the emergence of the moral reform campaigns in England. This crusade was “oriented to a male audience [and] more hostile to working-class culture” (Walkowitz 1980, 246). Although never openly stated, the assumption was that the working-class male’s sexuality was uncontrollable (Jochelson and Kramar 2011) and that working-class woman needed the money (Hall 2004, 39). Their alleged mutual weaknesses made them prone to “immoral” behavior, which collided with middle-class values; hence, the creation of different laws aimed at protecting certain sensibilities. In “Hauling Down the Double Standard,” Hall (2004, 37) underlines the emergence of gendered forms of sexuality. Scientia sexualis perceived women’s sexuality differently from that of males. Female sexuality was deemed superior to male sexuality, hence, worthy of leading the way to higher moral realms. The new and supposedly “higher” form of sexuality was to be en- joyed in deep communal, monogamous relationships, and the “pure” woman came to symbolize this ideal.

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