Screw Consent

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.

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.

An important discussion of philosophical issues surrounding consent to sexual relations.

A young woman starts working as a governess at the isolated estate of Bly outside London. There, she is greeted by the two orphaned children she is to take care of, an ambiguous housekeeper, and an icy, supernatural atmosphere. Soon, a couple of peculiar figures begin to appear unannounced, and a creeping horror tightens its grip on both the governess and the reader. The Turn of the Screw is one of the most classic ghost stories of all time, written by the master of the psychological novel, Henry James. Perhaps more than anyone from his time, James came to inspire our modern horror mythologies, from the image of innocence as evil to schizoid labyrinths a la Roman Polanski. HENRY JAMES [1843-1916] was born in New York but emigrated early to Europe. He is one of the most important names in Anglo-Saxon literature, renowned as a great stylist and as a link between the Victorian era and modernism. Among his most famous novels are The American [1877], Portrait of a Lady [1881], and especially The Turn of the Screw [1898].

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.

DJ Screw, a.k.a. Robert Earl Davis Jr., changed rap and hip-hop forever. In the 1990s, in a spare room of his Houston home, he developed a revolutionary mixing technique known as chopped and screwed. Spinning two copies of a record, Screw would “chop” in new rhythms, bring in local rappers to freestyle over the tracks, and slow the recording down on tape. Soon Houstonians were lining up to buy his cassettes—he could sell thousands in a single day. Fans drove around town blasting his music, a sound that came to define the city’s burgeoning and innovative rap culture. June 27 has become an unofficial city holiday, inspired by a legendary mix Screw made on that date. Lance Scott Walker has interviewed nearly everyone who knew Screw, from childhood friends to collaborators to aficionados who evangelized Screw’s tapes—millions of which made their way around the globe—as well as the New York rap moguls who honored him. Walker brings these voices together with captivating details of Screw’s craft and his world. More than the story of one man, DJ Screw is a history of the Houston scene as it came of age, full of vibrant moments and characters. But none can top Screw himself, a pioneer whose mystique has only grown in the two decades since his death.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1994.