Consensual Violence

Sex, Sports, and the Politics of Injury

Jill D. Weinberg

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English

University of California Press
31 May 2016

Crime & criminology; Law & society; Offences against the person

In this novel approach to understanding consent, Jill D. Weinberg presents two case studies of activities in which participants engage in violent acts: competitive mixed martial arts (MMA) and sexual sadism and masochism (BDSM). Participants in both cases assent to injury and thereby engage in a form of social decriminalization, using the language of consent to render their actions legally and socially tolerable. Yet, these activities are treated differently under criminal battery law: sports, including MMA, are generally absolved from the charge of criminal battery, whereas BDSM often represents a violation of criminal battery law.

Using interviews and ethnographic observation, Weinberg argues that where law authorizes a person’s consent to an activity, as in MMA, consent is not meaningfully constructed or regulated by the participants themselves. In contrast, where law prohibits a person’s consent to an activity, as in BDSM, participants actively construct and regulate consent.

A synthesis of criminal law and ethnography, Consensual Violence is a fascinating account of how consent is framed among participants engaged in violent acts and lays the groundwork for a sociological understanding of the process of decriminalization.

By: Jill D. Weinberg
Imprint: University of California Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm, Spine: 10mm
Weight: 227g
ISBN: 9780520290662
ISBN 10: 0520290666
Pages: 160
Publication Date: 31 May 2016
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Jill D. Weinberg, PhD, JD, is Assistant Professor of Sociology at Tufts University and a scholar at the American Bar Foundation. Popular accounts of her work have appeared in the Advocate, the Huffington Post, Talking Points Memo, Truthout, and the Society Pages.