Sadomasochism Once Removed: S/m in the Socio-Legal Imaginary by Ummni Khan S.J.D. Dissertation University of Toronto, Faculty of Law, 2008 ii Sadomasochism Once Removed: S/m in the Socio-Legal Imaginary Abstract Ummni Khan Doctor of Juridical Science University of Toronto, Faculty of Law, 2008 This dissertation considers sadomasochism (s/m) as an object of knowledge that incites multiple and interpenetrative discourses. I deconstruct psychiatric, feminist, and cinematic articulations of s/m, and consider the ways in which these narratives interact with each other and influence the legal regulation of s/m. My analysis is framed by Foucault’s account in the History of Sexuality, which helps to bring s/m into focus as a discursive product that emerges out of a “knowledge-power- pleasure” regime. Viewed in this light, I argue that when the scientific, feminist, cinematic and legal actors flex their power in producing truth-claims about s/m, this does not shut down pleasure, but proliferates it. To further interrogate the discursive underpinnings that uphold these truth-claims, I draw upon theories of abjection, disgust and expulsion. Part I traces the construction of s/m within the scientific realm, from the early pioneers in sexology, to the recent academic literature that challenges the pathologization of s/m in the Diagnostic and Statistical Manual of Mental Disorders. Part II surveys the “sex wars” in the eighties and nineties, where the issue of s/m (along with other sex-related issues) violently ruptured feminist communities. In Part III, I analyze the cinematic representation of s/m in popular culture, arguing that while the prevailing tone is iii pejorative, the narratives nonetheless betray a desire for s/m sexuality and its imagined forbidden pleasures. Part IV reviews the legal treatment of s/m pornography in Canada, which until recently has invariably found s/m imagery to be violent, degrading and/or dehumanizing, conspicuously reflecting the anti-s/m feminist perspective. Part V examines the legal treatment of s/m practice in Canada, in which the pathologizing gaze of psychiatry gets replicated. I argue that the law, rather than being a haven of rationality and coherence in its consideration of s/m, has reflected certain essentialist notions of sexuality produced in the non-legal cultural arena. In conclusion, I posit that the reification of s/m in the socio-legal imaginary allows for multiple entries of epistemic resistance. Attempts to foreclose s/m from the realm of acceptable sexuality have ironically offered sadomasochists frameworks for asserting their own subjectivity and membership in the community. iv Acknowledgments It is my pleasure and honour to thank all those who have made invaluable contributions to this project. I am indebted to my supervisor, Brenda Cossman, for astute feedback, unending patience, productive meetings, lightning-speed responses, and incredible enthusiasm. On my committee, Corinn Columpar did not just engage brilliantly and generously with my film analysis, but provided challenging and perceptive critiques of all my chapters. Ed Morgan helped me see the forest for the trees on numerous occasions and compelled me to make the connections between abstract ideas and practical outcomes. To my committee, I say thank you. Every doctoral student should be so lucky as to work with such a stellar team of scholars. Also on my defence committee, I thank Simon Stern for superb scholarly advice, critiques and hallway conversations that contributed enormously to my ideas. To my external, Carl Stychin, your report and our conversation have opened up so many more avenues to explore, and I am thrilled to continue developing my research informed by such insightful commentary. For financial support, I am very thankful to the University of Toronto, Faculty of Law and the Social Sciences and Humanities Research Council. For academic and administrative support, I am indebted to David Dyzenhaus, Julia Hall, Kaye Joachim, Lynne Ross, Mayo Moran and Rose Ann MacGillivray. Not only were you always there for me when I had a question or hit a bump, it was such a joy to just shoot the breeze with you. I heartily thank Jenny Nedelsky for her generous and insightful feedback on both my teaching and my research, which has enriched my scholarship tremendously. I also thank the Department of Women and Gender Studies at the University of Toronto, specifically June Larkin, Zoe Newman and Marian Read. As a teaching assistant to Professor Newman, I learned invaluable lessons about feminist theory, praxis and pedagogy. For feedback, commentary and incredibly fun and informative conversations about the ‘porn wars’, I thank Varda Burstyn and Marianne Valverde. I am grateful to Gayle Rubin for bang-on emails that clarified my muddled ideas about the ‘sex wars’ and turned me on to more resources that would further nuance my arguments. I thank Charles Moser for meeting with me on such short notice, generously sharing ideas and insights and continuing to guide me as I worked my way through the psychiatric literature. I am grateful to Alan Young for generously sharing his time and resources with me and offering an insider perspective on litigating civil liberties. I thank Lisa Forman for being a source of inspiration and scholarly advice, and above all, being my friend. I thank Kim Stanton for engaging with my ideas, guiding me through tough spots and above all, being my friend. For conversations, encouragement and inspiration, I am so thankful to have Kate Sutherland as a mentor and friend. I am indebted to my friend Bruce Ryder for his insightful readings of various chunks of writing, for providing context to Canada Customs policies and giving me helpful advice as I navigated my way through academia. As for Bill Miller, what can I say that won’t make you squirm? Thank you for absolutely everything. For conversations, encouragement, feedback, and friendship, I thank Alan Garcia Campos, Alexandre Bouthillier, Ampy Stamaria, Annalise E. Acorn, Annie Bunting, Ashleigh Gardner, Bobby Noble, Bryan Thomas, Cathleen Powell, Chuck Giroux, v Cheney Apokarthiomenos, Daniel Baril, David Denis, David Gurnham, David Sealy, Derek Mckee, Dianne George, Dijana Simonovic, Elena Basile, Elizabeth Shilton, Emily Hammond, Eran Kaplinsky, Eric Adams, Helen Nolan, Ittai Paldor, Jacquie Chic, Jarmila Lajcakova, Jason Laing, Jillian Boyd, Jo-Anne McArthur, Joelle Morgan, Julian Suddaby, Julie Lassonde, Katie Rehner, Kristen Rundle, Lara Karaian, Lisa Barnet, Liv Lieber, Martin Hevia, Matthew Lewans, Meital Pinto, Michael Fakhri, Neil Sargent, Oishik Sircar, Priya Watson, Rayner Thwaites, Rick Garland, Rueban Balasubramaniam, Revital Goldhar, Rommel Salvador, Ron Bouchard, Sara Malabar, Sasha Kontic, Sean Rehaag, Sheilagh McGlynn, Sue Gratton, Tess Sheldon,Trish Salah, Umut Özsu, Yaara Lemberger and Zoran Oklopcic. My family has offered unwavering encouragement. I thank my late Papa, for his love and faith in me, whose advice to “get an education” I clearly internalized. To Mama (aka Masarrat Khan), the bravest person I know, you have always been my hero. To Virna, Amir, Zara, Waqas, Reema, Paul, Farooz, Spencer, Tony, Habib Mamoo, Auntie Meena, Seema, Jeff, “Ishy”, Shameem Mamoo, Nahid Auntie, Omar, Neha, Shawn, Saba, Mike, Jazib, Myra, Fussy Mamoo, Ghazala Auntie, Sahir, Sana, Aloo Gobi and the rest of the Khan clan scattered throughout the globe, I am in awe of your sweetness and support as I went through this doctoral journey. I also thank my wonderful in-laws, Ken, Karen, Eric, Jen, Harmony and Aurora, for their love, advice, conversations, hot meals and relaxing visits, which never failed to recharge my batteries and get me back on track with the diss. Finally, I thank my husband, my partner, my best friend and toughest editor, Brian. vi Dedication To Trish Salah, Bobby Noble and Brian Smith. vii Table of Contents Prelude................................................................................................................................1 Introduction....................................................................................................................... 6 I. Getting to the Truth of the Matter: Narratives of the Real .......................................... 6 II. Getting to the Heart of the Matter: What is S/m? .................................................... 12 III. Approaching the Matter: The Theoretical Framework ........................................... 16 IV. Outlining the Matter: Summary of the following Chapters.................................... 24 Chapter 1: Who's Your Daddy? S/M's Founding Fathers ........................................ 31 I. Krafft-Ebing: The Unending Struggle of Reason over Passion ................................ 33 II. Sigmund Freud: Deriving Sadism and Masochism from Biological Drives............ 41 III. Havelock Ellis: Sadism and Masochism? It’s the Same Difference....................... 46 IV. The Diagnostic Statistical Manuals: The Bible of Mental Disorders..................... 50 V. Charles Moser and Peggy J. Kleinplatz: Challenging the Pathologizing Gaze ....... 62 VI. Conclusion .............................................................................................................. 65 Chapter 2: Fighting Words: The Battle over S/M in the Sex Wars ......................... 68 I: Contextualizing the S/M Debate in the Broader Sex Wars ....................................... 73 II: The Anti-s/m Side ...................................................................................................