Sex and the Contract

From Infamous Commerce to the Market for Sexual Goods and Services

Vincenzo Zeno-Zencovich (Autor)

Buch | Hardcover

156 Seiten

2011
Martinus Nijhoff (Verlag)
978-90-04-20178-1 (ISBN)

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A non conventional analysis of the relationship between sexual practices and private law, and of the underlying policies in the light of the growing commodification of sex.

Sexual services and goods are regularly, and legally, offered in all Western countries. Although they are shunned through the age old maxims of in pari causa turpitudinis and nemo auditur, there is a growing tendency, both in legislation and case law, to recognize the effects of these contracts. The book analyzes the policies underlying the regulation of sexual services and goods and indicates some important conflicts: self-determination against human dignity, refusal of commodification of women’s bodies against protection of sex workers, regulatory approach against prohibition. The analysis touches sensitive issues such as zoning, sexual tourism, private sexual practices, consumers of sex enhancers. The volume takes a legal-realistic approach trying to see the private law aspects of what was considered only as ‘infamous commerce.'

Vincenzo Zeno-Zencovich is Professor of comparative law at the Law Faculty of Roma Tre University. He has published extensively in the field of comparative and European law of torts and contracts and on media and ICT law. Among his latest contributions is Freedom of expression. A critical and comparative analysis (Routledge-Cavendish 2008).

CONTENTS Table of cases Chapter One - An Introduction to Sex Markets a. What are "sex markets"? b. Law and economics in sex markets Chapter Two - Sexual Services a. Prostitution b. Contracts related to prostitution c. Striptease, lap-dancing, peep-shows d. Sex over the phone and the Internet Chapter Three - Sexual Goods a. Pornography b. Sex-enhancing products c. Aphrodisiacs Chapter Four - Sex and Property Rights a. Property of obscene objects b. Copyright c. Trademarks, patents and other forms of protection of intellectual property Chapter Five - Sex Industries a. Producers of pornographic films b. Adult entertainment TV c. "Red light" cinemas, night-clubs, prives, sex shops d. Licensing and zoning e. Sex tourism Chapter Six - The Protection of Sex Consumers a. The parties b. Sale of goods c. Services d. Payment e. Unfair terms and deceptive practices f. The applicable law Chapter Seven - Sex as a Profession a. Human dignity and the validity of acts of disposal of one's body b. The disposability of one's sexual features c. The 'commodification debate' d. The reality of sex workers e. The quest for respectability Chapter Eight - Of Sex and of Love a. Cohabitation, premarital, marital, and post-marital agreements b. Marriage brokerage c. On-line dating services Chapter Nine - A Comparative View a. The In pari causa turpitudinis and Ex turpi causa non oritur actio rules b. The prohibitionist/feminist approach c. The market approach d. European perspectives: Towards a 'common market'? e. International trade issues f. Regulation and reform g. Social norms Concluding Remarks a. Interdisciplinarity and plurality of legal approaches b. Non-market sex c. Sex and sexual ability as a human right d. Sexual freedom e. Sexual immorality: A notion that has made its time? Bibliography Index

Erscheint lt. Verlag	21.3.2011
Reihe/Serie	Nijhoff International Trade Law Series ; 5
Sprache	englisch
Maße	155 x 235 mm
Gewicht	389 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Sozialwissenschaften
ISBN-10	90-04-20178-5 / 9004201785
ISBN-13	978-90-04-20178-1 / 9789004201781
Zustand	Neuware