This article, in a first step, traces the complex relationship of the law and jurists on the one hand and of political domination and political leaders on the other. In a second step, the article shows that the idea that the state was the foundation of the legal system and that the law should be based on legislation was developed not by jurists but rather by sixteenth- and seventeenth-century political theorists. This idea was strongly influenced by the experiences of religious controversy and civil wars. The article concludes with a number of questions based on those observations. Those questions are meant to stimulate future research on the complex relationship of the law, the state, and polities. Most users should sign in with their email address.
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BDSM and the Law: Assault or Consent?
BDSM and the Law: Assault or Consent? - Pride Legal
One of remarkable qualities of the gay community is its general acceptance and celebration of sexual expression within the many subgroups that make up the community as a whole. This includes the leather, BDSM and other fetish groups whose activities are often misunderstood and looked down upon by society at large. However, certain practices that are seen as commonplace within the gay community, including bondage, sadomasochism, domination and other types of fetish play, can land the participants in serious legal trouble. You read that right. Certain BDSM sexual practices can be and sometimes are prosecuted under state criminal laws dealing with assault, aggravated assault, sexual assault or sexual abuse. This is true even when there is clear consent. Criminal prosecution can arise in various circumstances, including situations in which one participant is injured requiring medical treatment and the injury is brought to the attention of the police by hospital staff, doctors or a family member.
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BDSM and the law
The relationship between BDSM and the law changes significantly from nation to nation. It is entirely dependent on the legal situation in individual countries whether the practice of BDSM has any criminal relevance or legal consequences. Criminalization of consensually implemented BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia , such behavior is legal in principle. Spectacular incidents like the US scandal of People v.
Subscribe and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more. A blockbuster movie based and a bestselling book go a long way toward legitimizing BDSM as a mainstream sexual preference. Just how mainstream has kinky sex started to become, thanks to Fifty Shades of Grey?