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Lovesick JapanSex * Marriage * Romance * Law$
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Mark D. West

Print publication date: 2011

Print ISBN-13: 9780801449475

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801449475.001.0001

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Commodified Sex

Commodified Sex

(p.145) 5 Commodified Sex
Lovesick Japan

Mark D. West

Cornell University Press

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.

Keywords:   Japanese court, Japanese judges, prostitution, sex for money, pornography, commercial sex, private sex

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