Technological change often prompts calls for regulation. Yet formulating regulatory policy in relation to rapidly-changing technology is complex. It requires an understanding of the politics of technology, the complexity of the innovation process, and its general impact on society. Chapter 3 introduces a variety of academic literatures across the humanities, law and the social sciences that offer insights on understanding technological change that have direct relevance to the challenges of regulating new and emerging technology. The chapter discusses different strands of scholarship, ranging from the history of technology, innovation studies and the growing field of law and technology that have until now remained largely fragmented and siloed, focusing primarily on digital technologies.

This chapter charts the processes by which deceptive sex came to be regarded as potentially constituting rape. Through tracing these developments, the chapter shows how doctrinal features of the law, such as the way consent and deception are thought to be related and the modes of deception punished by law, were important to this process. Yet the chapter also argues that to fully appreciate how and why the changes occurred, it is necessary to pay attention to the array of interests the law has sought to protect and how these have shaped the range of topics of deception that might ground a charge of rape. This argument leads to the conclusion that, in the context of deceptive sex, deception has not been considered wrongful because it invalidates or precludes consent, as is commonly thought; rather, deception has invalidated or precluded consent because it has sometimes been considered wrongful. The chapter ends by introducing some reasons why this insight is important to ongoing debates regarding the criminalisation of deceptive sex.

This chapter examines the law of nullity of marriage to consider how deception has affected the existence or validity of consent. It articulates important differences between void and voidable marriages, arguing that these speak to the public and private sides of marriage, respectively. It also showcases the range of deceptions that have been considered legally significant, situating these within the cultural framework outlined in Chapter 1. On top of this, the chapter argues that the range of qualifying deceptions has often been justified with reference to public policy or convention on the basis that the relevant information would typically be important to an intimate partner or that its disclosure would serve a collective interest or value. The chapter concludes by suggesting that changes in the law of nullity, and a small number of related areas of law, demonstrate that there is still a desire for legal recognition of the wrongs and harms associated with inducing intimate relationships, even as these have shifted over time.

This chapter introduces the main topic of this book, inducing intimacy, and explains that the focus is deceptively induced sex and intimate relationships (i.e., sex and sexual and/or romantic relationships). It then sets out the book’s core aims, that is, to examine how the law has responded to inducing intimacy as a form of wrongdoing and source of harms and what can this tell us about the justifiability and desirability of using law to respond to these practices in the present age. The chapter also outlines the scope of the book and the sources used before introducing the theoretical framework that informs the analysis in the remaining chapters, which is based on the cultural significance of sex and marriage, including their significance for self-construction. The chapter closes by outlining the main arguments of the book, including the potential for its historical analysis to inform contemporary debates about whether and how to respond to inducing intimacy via law today.

This chapter examines the action of breach of promise of marriage to show its relationships with deception. It outlines how a broken promise of marriage, which could always imply deception regarding intention to keep the promise, attracted damages and highlights how known deception constituted an aggravation. The chapter also demonstrates how deception about certain features of oneself or one’s circumstances could justify a fiancé(e)’s decision to break a promise of marriage. Beyond these points, the chapter shows how conventions about relationships shaped the processes by which promises of marriage could be inferred or imputed, and it explores the links between actions of breach of promise of marriage and changing expectations of marriage, including the expectation that it should be based on real love. Through this process, the chapter offers an original argument about the decline of breach of promise at marriage which reveals its changing relationship to deception. The chapter concludes with some reflections on what actions of breach of promise suggest about the capacity of law to regulate promises and statements of future intention, as they relate to intimacy, in a contemporary context.

This chapter explores the civil wrong of seduction to establish its nature and parameters and draw out its associations with deception. It argues that, as the earliest legal response to deceptive sex, seduction is in some senses the civil law analogue of later criminal laws. The chapter then shows how the action of seduction was rooted in the idea that deception was wrongful because it was one way of leading a woman off the ‘right’ path and that the harms it caused reflected the gendered significance of marriage and other ‘moral’ forms of intimacy. Furthermore, it highlights how these features of the action provided a framework within which the range of qualifying deceptions was limited and the temporal dimensions of the wrong were set. Finally, the chapter offers some reflections on how the distinctions between private and public introduced in Chapter 1 bore on the decision to keep seduction a civil wrong before foregrounding how these observations, and those made throughout the rest of the chapter, are pertinent to contemporary discussions about criminalising deceptive sex.