Regulating Intimacy: A New Legal Paradigm

Regulating Intimacy: A New Legal Paradigm

Jean L. Cohen

The rules of intimate relationships has been a key battleground within the tradition wars of the earlier 3 a long time. during this daring and leading edge e-book, Jean Cohen provides a brand new method of regulating intimacy that delivers to defuse the tensions that experience lengthy sparked clash between legislators, jurists, activists, and scholars.

Disputes have usually arisen over questions that it seems that set the calls for of non-public autonomy, justice, and accountability opposed to one another. Can legislations remain out of the bed room with no protecting oppression and abuse? will we defend the pursuit of non-public happiness whereas requiring humans to act responsibly towards others? Can law recognize quite a few intimate relationships with no 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 belief of privateness, one based at the concept that privateness includes secrecy and involves a sphere loose from felony rules. In reaction, Cohen attracts on Habermas and different eu thinkers to offer a powerful "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 really contentious concerns: reproductive rights, sexual orientation, and sexual harassment. She indicates how a brand new criminal framework, "reflexive law," permits us to construct on constructivist insights to strategy those debates unfastened from the liberal and welfarist paradigms that typically constitution our criminal concept. This new criminal paradigm eventually permits us to dissolve the tensions between autonomy, equality, and neighborhood that experience beset us. A synthesis of feminist idea, political conception, constitutional jurisprudence, and state-of-the-art learn within the sociology of legislations, this strong paintings will reshape not just felony and political debates, yet how we expect concerning the intimate relationships on the middle of our personal lives. .

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