ABSTRACT
This chapter traces the logics underpinning precaution and 'pre-criminal logics' within the realms of sexual expression, conduct, and work. In line with the greater focus on risk and surveillance, it demonstrates how 'sociality' is infused with the law. The relevance of privacy as an arbiter of harm was further contextualized in R. v. Labaye, where the Supreme Court of Canada had to determine whether a swinger's club had violated the indecency provisions embedded within the bawdy house provisions under the Criminal Code. In the Bedford ruling, the Supreme Court deemed three laws unconstitutional and struck from the Criminal Code the laws against bawdy houses, living on the avails of prostitution, and communication for the purposes of prostitution. Today, risk of harm, which the chapter also demonstrates, encapsulates potential harms and expands the conceptual and practical terrain of the law, the state, and society.
