This chapter explores three areas in which Japanese courts rule and comment on commodified sex. The first two are commercial: prostitution and other kinds of sex-for-money transactions, and pornography. In these two areas, in contrast with the conservatism of private sex, a wide variety of sexual services are clearly legal. Courts generally enforce the law strictly, but their commentary is inconsistent: although they never approve of commercial sex, sometimes they are unexpectedly silent, sometimes they are critical, and sometimes they are ambiguous. The chapter then examines a middle ground between commercial and private, a set of cases in which courts find monetary value in private sex that, while not founded explicitly on love, has a similar emotional or “real” component. In all three areas, courts tacitly allow or actively enforce the commodification of sex and the emotions that may accompany it.
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