By Jean L. Cohen
The law of intimate relationships has been a key battleground within the tradition wars of the prior 3 a long time. during this daring and cutting edge ebook, Jean Cohen provides a brand new method of regulating intimacy that offers to defuse the tensions that experience lengthy sparked clash between legislators, jurists, activists, and scholars.
Disputes have in general arisen over questions that it appears set the calls for of private autonomy, justice, and accountability opposed to one another. Can legislation remain out of the bed room with no defensive oppression and abuse? do we guard the pursuit of non-public happiness whereas requiring humans to act responsibly towards others? Can legislation recognize numerous intimate relationships with out privileging any? needs to regulating intimacy contain a conflict among privateness and equality? Cohen argues that those questions were very unlikely to solve simply because so much legislators, activists, and students have drawn on an anachronistic perception of privateness, one based at the concept that privateness includes secrecy and involves a sphere loose from criminal law. In reaction, Cohen attracts on Habermas and different ecu thinkers to provide a strong "constructivist" safety of privateness, one in keeping with the concept that norms and rights are legally constructed.
Cohen roots her arguments in debates over 3 quite contentious matters: reproductive rights, sexual orientation, and sexual harassment. She exhibits how a brand new felony framework, "reflexive law," permits us to construct on constructivist insights to process those debates unfastened from the liberal and welfarist paradigms that typically constitution our criminal inspiration. This new criminal paradigm eventually permits us to dissolve the tensions between autonomy, equality, and group that experience beset us. A synthesis of feminist thought, political conception, constitutional jurisprudence, and state of the art examine within the sociology of legislation, this strong paintings will reshape not just criminal and political debates, yet how we expect concerning the intimate relationships on the middle of our personal lives. .
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Extra resources for Regulating Intimacy: A New Legal Paradigm
Sample text
This makes them feel better about their opinions. I know many women who would not be happy if they did not have the opportunity to “whine and complain” about the various aspects of men’s behavior (in fairness, some men are the same way toward women). The truth is, some women are simply spoiled, and naively believe that most men are going to do everything in their power to please and accommodate them. The reality is, many women lose interest in a man who behaves exactly the way the women want them to behave.
Do you believe that each and every woman who compliments you and categorizes you as a “nice guy” or a “gentleman” is ultimately going to agree to have sex with you? If every woman in society only chose to have sex with men who exhibited behavior that was pleasant, polite, well-mannered, considerate, cooperative, and financially generous, then why do men always witness or hear rumors about women having sex with men who exhibit behavior that is crass, brazen, selfish, egotistical, inconsiderate, socially inappropriate, and/or cheap?
Oh, hell no. Sounds crazy doesn’t it? Well, I hate to break this to you, but many naïve and impatiently horny men commit this act of stupidity on a yearly, monthly, and even weekly basis. I remember watching an episode of a crime drama on television, and on this particular episode, a married guy who had a stripper as a mistress was accused of killing his wife. In one scene, the detective is absorbing the stripper’s apartment, and paying attention to how many nice materialistic items she is in possession of.