Sexual Freedom And The Constitution

Author : Geoffrey R. Stone
Publisher : Liveright Publishing
Page : 704 pages
File Size : 54,9 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 : Walter Barnett
Publisher : Albuquerque : University of New Mexico Press
Page : 352 pages
File Size : 43,6 Mb
Release : 1973
Category : Law
ISBN : UOM:39015004814953

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Sexual Freedom and the Constitution by Walter Barnett Pdf

Author : Frank S. Ravitch
Publisher : Cambridge University Press
Page : 247 pages
File Size : 43,8 Mb
Release : 2016-09-08
Category : Law
ISBN : 9781107158870

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Freedom's Edge by Frank S. Ravitch Pdf

This book explains religious and sexual freedom law in an accessible way and argues for a compromise that maximizes freedom on both sides.

Author : Geoffrey R Stone
Publisher : National Geographic Books
Page : 0 pages
File Size : 42,5 Mb
Release : 2017-03-21
Category : Law
ISBN : 9780871404695

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Sex and the Constitution by Geoffrey R Stone Pdf

There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Author : Paul R. Abramson,Steven D. Pinkerton,Mark Huppin
Publisher : NYU Press
Page : 227 pages
File Size : 55,9 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 : Shigenori Matsui
Publisher : UBC Press
Page : 337 pages
File Size : 55,5 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 : Ruthann Robson
Publisher : Routledge
Page : 0 pages
File Size : 43,9 Mb
Release : 2011
Category : Domestic relations
ISBN : 075462871X

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Sexuality and Law by Ruthann Robson Pdf

This volume brings together a collection of articles from theoretical discussions about sexual freedom and the law. Contributions range from discussion of the foundational theorists whose work has influenced conceptualizations of the relationships between sexuality and law to the issue of sexual identity as analyzed through the lens of asylum and gender identity; and from the controversial notion of inevitable 'progress' toward sexual freedom to the influence of politics and power, as well as imperialism and nationalism.

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 43,5 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

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 : Joan Wallach Scott
Publisher : Princeton University Press
Page : 256 pages
File Size : 53,8 Mb
Release : 2019-11-12
Category : History
ISBN : 9780691197227

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Sex and Secularism by Joan Wallach Scott Pdf

"Drawing on a wealth of scholarship by second-wave feminists and historians of religion, race, and colonialism, Scott shows that the gender equality invoked today as a fundamental and enduring principle was not originally associated with the term "secularism" when it first entered the lexicon in the nineteenth century. In fact, the inequality of the sexes was fundamental to the articulation of the separation of church and state that inaugurated Western modernity. Scott points out that Western nation-states imposed a new order of women's subordination, assigning them to a feminized familial sphere meant to complement the rational masculine realms of politics and economics. It was not until the question of Islam arose in the late twentieth century that gender equality became a primary feature of the discourse of secularism"-- Publisher's description

Author : Ratna Kapur
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 51,8 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112536

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Gender, Alterity and Human Rights by Ratna Kapur Pdf

Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom ­and towards non-liberal registers of freedom.

Author : Jeffrey Rosen,Benjamin Wittes
Publisher : Rowman & Littlefield
Page : 284 pages
File Size : 53,8 Mb
Release : 2011-11-11
Category : Law
ISBN : 9780815722137

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Constitution 3.0 by Jeffrey Rosen,Benjamin Wittes Pdf

At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Author : Leigh Ann Wheeler
Publisher : Oxford University Press
Page : 342 pages
File Size : 47,9 Mb
Release : 2013
Category : Health & Fitness
ISBN : 9780190206529

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How Sex Became a Civil Liberty by Leigh Ann Wheeler Pdf

'How Sex Became a Civil Liberty' shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.

Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 51,8 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 41,6 Mb
Release : 2021
Category : Law
ISBN : 9781328518118

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How Rights Went Wrong by Jamal Greene Pdf

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.