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Social and Behavioral Sciences Commons™
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- Customary law (2)
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Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood
The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood
Publications and Research
Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Publications and Research
This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough
Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough
Publications and Research
While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …
Homonationalism, State Rationalities, And Sex Contradictions, Paisley Currah
Homonationalism, State Rationalities, And Sex Contradictions, Paisley Currah
Publications and Research
Celebrating the re-election of Barack Obama as a win for GLB equality or denouncing the focus on marriage rights as heteronormative misses the point. Both approaches obscure what actually happens in local sites where authority is exercised. Looking into the cracks and crevices of regulatory apparatuses generates a more complex picture. In examining contradictory rules on sex classification, for example, it becomes clear those contradictions often reflect different state projects, such as security, distribution, reproduction. Construing the election as a victory for gay rights or for homonormativity elevates grand concepts—marriage, the state—over the quotidian actions that regulate life.
Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite
Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite
Publications and Research
Prostitution, hustling, and sex work are forms of labor, not erotic preferences or identities as are gay, lesbian, bisexual, and transgender, but sex workers and queers alike are stigmatized and criminalized for consensual sexual activity. The state – federal, state, and local law enforcement – routinely interferes with certain types of sexual activity. Enforcement of laws regulating sex behavior often varies given the discretion of local police. In her 1989 essay “Thinking Sex,” Gayle Rubin positions sex-for-money, prostitution, with pornography, promiscuous sex, pornography, and homosexual sex in the low status “outer limits” of the contemporary American sex hierarchy; while heterosexual, …