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Saturday, April 15, 2006

Fairman on Fuck

Ssrn_logo_125FairmanChristopher M. Fairman (Ohio State) has posted Fuck on SSRN.  Here is the abstract:

This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo word. The taboo is so strong that it compels many to engage in self-censorship. This process of silence then enables small segments of the population to manipulate our rights under the guise of reflecting a greater community. Taboo is then institutionalized through law, yet at the same time is in tension with other identifiable legal rights. Understanding this relationship between law and taboo ultimately yields fuck jurisprudence.

Brian Leiter notes that the article was rejected by the Kansas Law Review within 25 minutes of submission,  (Hat Tip:  Feminist Law Professors)

http://taxprof.typepad.com/taxprof_blog/2006/04/fairman_on_fuck.html

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Christopher Fairman gives us “Fuck” and the abstract begins like thus: This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law [Read More]

Tracked on Apr 15, 2006 1:10:47 PM

Comments

It makes me so proud to be an alumnus of OSU and an Ohio taxpayer.

Posted by: Robert Schwartz | Apr 15, 2006 8:49:10 PM

Did you read the article? It takes the subject matter very seriously, and is of use to practitioner and academic alike. I don't think that the law school at OSU is really taxpayer supported, though.

Posted by: anon | Apr 16, 2006 11:04:12 PM