概括
从历史上看,同意性行为的能力是社会构造的,而不是医学定义的. 法律案例揭示了阶级,性别和优生学如何影响同意,影响性犯罪法律和社会控制.
科学领域:
- 法律史 法律史 法律史
- 社会历史 历史 社会历史
- 性别研究是性别研究.
背景情况:
- 关于同意性行为的能力的历史理解是复杂的,并且已经显著发展.
- 以前的法律框架往往没有明确表达什么是能力,特别是对于弱势个人.
研究的目的:
- 提供对性同意能力概念的历史视角.
- 检查影响性同意决策权的社会,法律和历史因素.
- 分析1918年至1950年间英国未报告的性犯罪案件.
主要方法:
- 法律历史和历史文件的分析.
- 检查未报告的性犯罪案件的成绩单和证词.
- 专注于在英国中央刑事法院和地区法院审理的案件 (1918-1950年).
主要成果:
- 在研究期间,同意能力的概念没有固定或明确定义.
- 能力受到社会结构的影响,包括阶级,性别和优生学理想,而不是仅仅是生物或医学因素.
- 性犯罪法被用来进行社会和人口控制.
结论:
- 同意性行为的能力是一种社会构造,历史上是由社会规范和偏见所塑造的.
- 从历史上看,性犯罪立法一直是社会控制的工具.
- 尽管立法取得了进展,但同意能力的概念仍然是一个有争议的问题.
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