Joseph J. Fischel - Böcker

When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy?  What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex.  Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy?  What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex.  Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

Sex and Harm in the Age of Consent cautions against the adoption of consent as our primary determinant of sexual freedom. For Joseph J. Fischel, consent is not necessarily always ethically sound. It is, he argues, a moralized fiction, and it churns out figures for its normativity: the predatory sex offender and the innocent child.Examining the representation of consent in U.S. law and media culture, Fischel contends that the figures of the sex offender and the child are consent’s alibi, its negative space, enabling fictions that allow consent to do the work cut out for it under late modern sexual politics. Engaging legal, queer, feminist, and political theory, case law and statutory law, and media representations, Fischel proposes that we change our adjudicative terms from innocence, consent, and predation to vulnerability, sexual autonomy, and “peremption,” which he defines as the uncontrolled disqualification of possibility. Such a shift in theory, law, and life would be less damaging for young people, more responsive to sexual violence, and better for sex.

Joseph Fischel’s provocative book, Sodomy’s Solicitations, builds out a politics of sexual justice that challenges state sex exceptionalism. By tracing several twenty-first century contestations around Louisiana anti-sodomy laws, Fischel examines patterns and practices of sexual injustice that are too easily eclipsed by our collective focus on marginalized identities. The political stories narrated in Sodomy’s Solicitations are undoubtedly stories of racism, sexism, homophobia, and transphobia, but they are also stories of other political problems—and political possibilities. Fischel indicts U.S. sex offender regulatory regimes as state-sponsored sexual violence; offers a qualified defense for sexual expression in public; and argues that animal sexual abuse laws, with their exemptions for industrial agricultural practices, authorize the suffering they were enacted to deter. He also makes the case that laws criminalizing the exchange of sex for money are unconstitutional, and proposes that the best way to protect trans and queer children might just be to enfranchise them.Sodomy’s Solicitations champions a right to queerness across rather than within identity formations—a right to relatively unpoliced gender, sexual, and intimate pluralism.In the series Sexuality Studies

Joseph Fischel’s provocative book, Sodomy’s Solicitations, builds out a politics of sexual justice that challenges state sex exceptionalism. By tracing several twenty-first century contestations around Louisiana anti-sodomy laws, Fischel examines patterns and practices of sexual injustice that are too easily eclipsed by our collective focus on marginalized identities. The political stories narrated in Sodomy’s Solicitations are undoubtedly stories of racism, sexism, homophobia, and transphobia, but they are also stories of other political problems—and political possibilities. Fischel indicts U.S. sex offender regulatory regimes as state-sponsored sexual violence; offers a qualified defense for sexual expression in public; and argues that animal sexual abuse laws, with their exemptions for industrial agricultural practices, authorize the suffering they were enacted to deter. He also makes the case that laws criminalizing the exchange of sex for money are unconstitutional, and proposes that the best way to protect trans and queer children might just be to enfranchise them.Sodomy’s Solicitations champions a right to queerness across rather than within identity formations—a right to relatively unpoliced gender, sexual, and intimate pluralism.In the series Sexuality Studies

Provides a variety of queer, interdisciplinary interventions upon the social and legal regulation of sex,gender, reproduction, and family.In Enticements, an exceptional group of interdisciplinary scholars comes together to contribute to the field of Queer Legal Studies. The essays investigate a wildly proliferating assortment of genders, sexualities, and intimacies, questioning how they have been regulated, criminalized, or privileged by law and other regulatory forces.Enticements expands and expounds on the discipline of queer legal studies. Contributors focus on a wide range of sex/gender regulatory regimes, interrogating the use and abuse of queer history for impact litigation and social change, colonial and postcolonial sex laws otherwise obscured by the modern LGBT paradigm of sexual identity, and the policing of trans and cis men. Moving beyond a focus on LGBT identities, contributors consider limits to reproductive freedom, the Christianization of social justice movements, and the politicization of care within and across Black and feminist studies. Accessible and forward-looking, Enticements consolidates and emboldens queer legal studies as a critical, necessary field for the historical present.With noted contributions from Libby Adler, Chris Ashford, Matthew Ball, Noa Ben-Asher, Mary Anne Case, Brenda Cossman, Joseph J. Fischel, Janet Halley, Zachary Herz, Ratna Kapur, Ido Katri, Evelyn Kessler, Ummni Khan, Kyle Kirkup, Jennifer C. Nash, Senthorun Raj, and Matthew Waites.