Sex Sexuality And The Constitution

Author : Geoffrey R. Stone
Publisher : Liveright Publishing
Page : 704 pages
File Size : 41,6 Mb
Release : 2017-03-21
Category : Law
ISBN : 9781631493652

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Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by Geoffrey R. Stone Pdf

A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

Author : Shigenori Matsui
Publisher : UBC Press
Page : 337 pages
File Size : 40,8 Mb
Release : 2023-05-01
Category : Law
ISBN : 9780774868181

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Sex, Sexuality, and the Constitution by Shigenori Matsui Pdf

Sex and sexuality are an integral part of human life and vital for the survival of the human race, but sexual freedoms in many countries have yet to be enshrined as constitutional rights. Focusing primarily on Japan, Shigenori Matsui explores the extent to which governments should be allowed to restrict or influence sexual autonomy. Should a constitution encompass rights including: to decide or change sexual or gender identity; to have children, through natural birth or through medically assisted reproduction; or to not have children, through access to abortion? This rigorously detailed legal analysis has implications for government policy in all countries facing similar issues.

Author : Aleardo Zanghellini
Publisher : Routledge
Page : 201 pages
File Size : 47,5 Mb
Release : 2015-04-24
Category : Law
ISBN : 9781134067060

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The Sexual Constitution of Political Authority by Aleardo Zanghellini Pdf

While there is no shortage of studies addressing the state’s regulation of the sexual, research into the ways in which the sexual governs the state and its attributes is still in its infancy. The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. The book maintains, more specifically, that the relationship between ideas of political authority and male same-sex desire is especially fraught. Through a series of case studies where a statesman’s same-sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire. Some of the case studies analysed are familiar ground for both political/constitutional history and the history of sexuality. The Sexual Constitution of Political Authority argues, however, that only by systematically reading questions of institutional politics and questions of sexuality through each other will we have access to the most interesting insights that a study of these trials can generate. Whether they involve obscure public officials or iconic rulers such as Hadrian and James I, these compelling fragments of queer history reveal that the disavowal of male same-sex desire has been, and partly remains, central to mainstream understandings of political authority.

Author : Robert Wintemute
Publisher : Oxford University Press, USA
Page : 336 pages
File Size : 40,9 Mb
Release : 1995
Category : Gay rights
ISBN : STANFORD:36105018286612

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Sexual Orientation and Human Rights by Robert Wintemute Pdf

2. Articles 1O and 11

Author : Aleardo Zanghellini
Publisher : Routledge
Page : 206 pages
File Size : 51,9 Mb
Release : 2015-04-24
Category : Law
ISBN : 9781134066995

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The Sexual Constitution of Political Authority by Aleardo Zanghellini Pdf

While there is no shortage of studies addressing the state’s regulation of the sexual, research into the ways in which the sexual governs the state and its attributes is still in its infancy. The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. The book maintains, more specifically, that the relationship between ideas of political authority and male same-sex desire is especially fraught. Through a series of case studies where a statesman’s same-sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire. Some of the case studies analysed are familiar ground for both political/constitutional history and the history of sexuality. The Sexual Constitution of Political Authority argues, however, that only by systematically reading questions of institutional politics and questions of sexuality through each other will we have access to the most interesting insights that a study of these trials can generate. Whether they involve obscure public officials or iconic rulers such as Hadrian and James I, these compelling fragments of queer history reveal that the disavowal of male same-sex desire has been, and partly remains, central to mainstream understandings of political authority.

Author : Peter Nicolas
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2013
Category : Gay rights
ISBN : 1594609918

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Sexual Orientation, Gender Identity, and the Constitution by Peter Nicolas Pdf

To access the 2016-17 supplement to this text click here. In this textbook, Professor Nicolas incorporates his expertise in constitutional law, federal courts, and sexual orientation, gender identity, and the law to provide a comprehensive approach to studying constitutional litigation involving the rights of sexual minorities. The book first addresses threshold questions regarding the definitions of sexual orientation, sex, and gender, setting the stage for the question of "immutability" and the status-conduct and speech-conduct lines that arise in the substantive materials that follow. Next, it addresses procedural obstacles that play an increasingly prominent role in constitutional litigation involving the rights of sexual minorities, such as standing, mootness, abstention, and the precedential weight of summary affirmances by the U.S. Supreme Court. Finally, it examines the key constitutional doctrines that arise in litigation regarding the rights of sexual minorities--substantive due process, equal protection, and First Amendment--in a variety of contexts, such as marriage, parenting, and public employment. The book thus replicates the stages of analysis that arise when litigating any such case from start to finish. Because the book covers basic constitutional law doctrine as well as more focused case law regarding the constitutional rights of sexual minorities, it can be used effectively in a stand-alone course on sexual orientation, gender identity, and the law as well as in a traditional, rights-based constitutional law course taught by a faculty member who wishes to teach the course with greater focus on the constitutional rights of sexual minorities. Moreover, it is sufficiently comprehensive for use in non-law school courses as well.

Author : Diane Richardson
Publisher : John Wiley & Sons
Page : 224 pages
File Size : 53,6 Mb
Release : 2017-09-18
Category : Social Science
ISBN : 9781509514243

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Sexuality and Citizenship by Diane Richardson Pdf

Sexual citizenship has become a key concept in the social sciences. It describes the rights and responsibilities of citizens in sexual and intimate life, including debates over equal marriage and women's human rights, as well as shaping thinking about citizenship more generally. But what does it mean in a continually changing political landscape of gender and sexuality? In this timely intervention, Diane Richardson examines the normative underpinnings and varied critiques of sexual citizenship, asking what they mean for its future conceptual and empirical development, as well as for political activism. Clearly written, the book shows how the field of sexuality and citizenship connects to a range of important areas of debate including understandings of nationalism, identity, neoliberalism, equality, governmentality, individualization, colonialism, human rights, globalization and economic justice. Ultimately this book calls for a critical rethink of sexual citizenship. Illustrating her argument with examples drawn from across the globe, Richardson contends that this is essential if scholars want to understand the sexual politics that made the field of sexuality and citizenship studies what it is today, and to enable future analyses of the sexual inequalities that continue to mark the global order.

Author : Paul R. Abramson,Steven D. Pinkerton,Mark Huppin
Publisher : NYU Press
Page : 227 pages
File Size : 42,9 Mb
Release : 2003-08-01
Category : Law
ISBN : 9780814707524

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Sexual Rights in America by Paul R. Abramson,Steven D. Pinkerton,Mark Huppin Pdf

The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our sexual freedoms? Sexual Rights in America presents a bold and intriguing look at the constitutional basis of sexual rights in America. Resurrecting the "forgotten" Ninth Amendment, which guarantees those fundamental rights not protected elsewhere in the Constitution, Abramson and colleagues argue that the freedom to choose how, when, and with whom we express ourselves sexually is integral to our happiness. Their careful review of the historical record reveals the importance of the "pursuit of happiness" in the socio-moral philosophy underpinning the Constitution. Sexual freedoms, they assert, are cut from the same cloth as the other freedoms protected by the Bill of Rights, and therefore, should be covered by the Ninth Amendment. Using concrete examples such as prostitution and phone sex, Sexual Rights in America illustrates the scope and limitations of Ninth Amendment sexual rights.

Author : G. Sidney Buchanan
Publisher : Unknown
Page : 256 pages
File Size : 42,9 Mb
Release : 1985
Category : Law
ISBN : UOM:39015013497741

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Morality, Sex, and the Constitution by G. Sidney Buchanan Pdf

Proposes a conceptual framework for determining the limits that the United States Constitution places on the power of government to regulate private sexual conduct between consenting adults. From the combined perspectives of theology, jurisprudence, and constitutional law, this volume provides an insight into the 'gay rights' agenda now before the nation.

Author : Walter Barnett
Publisher : Albuquerque : University of New Mexico Press
Page : 352 pages
File Size : 45,9 Mb
Release : 1973
Category : Law
ISBN : UOM:39015004814953

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Sexual Freedom and the Constitution by Walter Barnett Pdf

Author : Henry F. Fradella,Jennifer M. Sumner
Publisher : Routledge
Page : 725 pages
File Size : 52,5 Mb
Release : 2016-02-26
Category : Social Science
ISBN : 9781317528906

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Sex, Sexuality, Law, and (In)justice by Henry F. Fradella,Jennifer M. Sumner Pdf

Sex, Sexuality, Law, and (In)Justice covers a wide range of legal issues associated with sexuality, gender, reproduction, and identity. These are critical and sensitive issues that law enforcement and other criminal justice professionals need to understand. The book synthesizes the literature across a wide breadth of perspectives, exposing students to law, psychology, criminal justice, sociology, philosophy, history, and, where relevant, biology, to critically examine the social control of sex, gender, and sexuality across history. Specific federal and state case law and statutes are integrated throughout the book, but the text moves beyond the intersection between law and sexuality to focus just as much on social science as it does on law. This book will be useful in teaching courses in a range of disciplines—especially criminology and criminal justice, history, political science, sociology, women and gender studies, and law.

Author : David M. Estlund,Martha C. Nussbaum
Publisher : Oxford University Press
Page : 366 pages
File Size : 52,9 Mb
Release : 1998-06-18
Category : Philosophy
ISBN : 9780195352696

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Sex, Preference, and Family by David M. Estlund,Martha C. Nussbaum Pdf

The public furor over issues of same sex marriages, gay rights, pornography, and single-parent families has erupted with a passion not seen since the 1960s. This book gathers seventeen eminent philosophers and legal scholars who offer commentary on sexuality (including sexual behavior, sexual orientation, and the role of pornography in shaping sexuality), on the family (including both same-sex and single-parent families), and on the proper role of law in these areas. The essayists are all fiercely independent thinkers and offer the reader a range of bold and thought-provoking proposals. Susan Moller Okin argues, for instance, that gender ought to be done away with--that differences in biological sex ought to have "no more social relevance than one's eye color or the length of one's toes"--and she urges that we look to same-sex couples as a model for households and families in a gender-free society. And Cass Sunstein suggests that the Supreme Court case Loving vs. Virginia (which overthrew the ban on interracial marriages in Virginia) might be a precedent for overturning laws that bar same-sex marriage: just as Loving overturned miscegenation laws because they were at the service of white supremacy, Sunstein shows, the laws against same-sex marriages and homosexuality are at the service of male supremacy, and might also be overturned. Of vital importance to anyone interested in sexuality, homosexuality, gender, feminism, and the family. Sex, Preference, and the Family both clarifies the current debate and points the way toward a less divisive future.

Author : Anna Clark
Publisher : Princeton University Press
Page : 328 pages
File Size : 54,9 Mb
Release : 2013-10-31
Category : History
ISBN : 9781400849543

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Scandal by Anna Clark Pdf

Are sex scandals simply trivial distractions from serious issues or can they help democratize politics? In 1820, George IV's "royal gambols" with his mistresses endangered the Old Oak of the constitution. When he tried to divorce Queen Caroline for adultery, the resulting scandal enabled activists to overcome state censorship and revitalize reform. Looking at six major British scandals between 1763 and 1820, this book demonstrates that scandals brought people into politics because they evoked familiar stories of sex and betrayal. In vibrant prose woven with vivid character sketches and illustrations, Anna Clark explains that activists used these stories to illustrate constitutional issues concerning the Crown, Parliament, and public opinion. Clark argues that sex scandals grew out of the tension between aristocratic patronage and efficiency in government. For instance, in 1809 Mary Ann Clarke testified that she took bribes to persuade her royal lover, the army's commander-in-chief, to promote officers, buy government offices, and sway votes. Could women overcome scandals to participate in politics? This book also explains the real reason why the glamorous Georgiana, Duchess of Devonshire, became so controversial for campaigning in a 1784 election. Sex scandal also discredited Mary Wollstonecraft, one of the first feminists, after her death. Why do some scandals change politics while others fizzle? Edmund Burke tried to stir up scandal about the British empire in India, but his lurid, sexual language led many to think he was insane. A unique blend of the history of sexuality and women's history with political and constitutional history, Scandal opens a revealing new window onto some of the greatest sex scandals of the past. In doing so, it allows us to more fully appreciate the sometimes shocking ways democracy has become what it is today.

Author : Martha C. Nussbaum
Publisher : Oxford University Press
Page : 256 pages
File Size : 52,7 Mb
Release : 2010-02-18
Category : Law
ISBN : 0199745978

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From Disgust to Humanity by Martha C. Nussbaum Pdf

A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust. Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience "a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage." Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent "wisdom," steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. "It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen." In its place she offers a "politics of humanity," based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to "public sex." Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause. Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series.

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 45,5 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.