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Out of time : the moral temporality of sex, crime and taboo

Hayes, Sharon L. & Carpenter, Belinda J. (2011) Out of time : the moral temporality of sex, crime and taboo. Critical Criminology, 20(2), pp. 141-152.

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Abstract

This paper discusses the relationship between law and morality. Morality does not necessarily coincide with the law, but it contributes to it. An act may be legal but nevertheless considered to be immoral in a particular society. For example, the use of pornography may be considered by many to be immoral. Nevertheless, the sale and distribution of non-violent, non-child related, sexually explicit material is legal (or regulated) in many jurisdictions. Many laws are informed by, and even created by, morality. This paper examines the historical influence of morality on the law and on society in general. It aims to develop a theoretical framework for examining legal moralism and the social construction of morality and crime as well as the relationship between sex, desire and taboo. Here, we refer to the moral temporality of sex and taboo, which examines the way in which moral judgments about sex and what is considered taboo change over time, and the kinds of justifications that are employed in support of changing moralities. It unpacks the way in which abstract and highly tenuous concepts such as ‘‘desire’’, ‘‘art’’ and ‘‘entertainment’’ may be ‘‘out of time’’ with morality, and how morality shapes laws over time, fabricating justifications from within socially constructed communities of practice. This theoretical framework maps the way in which these concepts have become temporally dominated by heteronormative structures such as the family, marriage, reproduction, and longevity. It is argued that the logic of these structures is inexorably tied to the heterosexual life-path, charting individual lives and relationships through explicit phases of childhood, adolescence and adulthood that, in the twenty-first century, delimit the boundaries of taboo surrounding sex more than any other time in history.

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ID Code: 41896
Item Type: Journal Article
Additional URLs:
Keywords: sex, crime, taboo, pornography, morality, law
DOI: 10.1007/s10612-011-9130-3
ISSN: 1572-9877 (online) 1205-8629 (print)
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Springer Science+Business Media B.V.
Copyright Statement: The original publication is available at SpringerLink http://www.springerlink.com
Deposited On: 06 Jun 2011 09:35
Last Modified: 29 Jun 2013 05:09

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