Men and women have always bargained for sex. In Hard Bargains, philosopher-lawyer Linda Hirshman and legal historian Jane Larson provide the first complete analysis ofpower in heterosexual relationships, combining an eye-opening legal history of sexual regulation with thought-provoking predictions of what the future might bring.
Hirshman and Larson tell a riveting tale that spans the centuriesfrom early accounts of adulterers hanging from the gibbet, to the impact of the Kinsey Reports and Hugh Hefner's playboy philosophy, to the Swinging Sixties judge who argued in favor of sex with eleven year-olds. The book examines the factors that have shaped our notions of sex, from Catholic teaching to the theories of Sigmund Freud, and it explores the Supreme Court decisions of the last few decades that revolutionized the politics of sex. And Hard Bargains not only provides a deep understanding of historical and current disputes, it also offers striking predictions of what sexual bargaining will look like in the futurerape laws replaced by laws of sexual autonomy, adultery subjected to breach of contract action, fornicators responsible for each other's rent, prostitution considered an unfair labor practice. These are a few of the surprisingand surprisingly workablesolutions the authors foresee in the 21st century.
Hard Bargains takes a forthright and level-headed look at all aspects of one of the biggest controversies in contemporary American societyheterosexual sexand delivers a radically new perspective on the sexual lives of women and men.
|Publisher:||Oxford University Press|
|Product dimensions:||6.40(w) x 9.51(h) x 1.13(d)|
About the Author
Linda Hirshman is Allen Berenson Distinguished visiting Professor at Brandeis University. She lives in Cave Creek, Arizona, and Falmouth, Massachusetts. Jane Larson is Professor of Law at the University of Wisconsin Law School. She lives in Madison, Wisconsin.
Table of Contents
1. Introduction: Sex in Public
PART 1: THE ORIGINS OF HARD BARGAINS
2. The Possibilities of Theory
3. Rediscovering Early Worlds
4. American Beginnings
PART 2: THE RISE AND FALL OF THE REPUBLIC OF VIRTUE
5. Female Virtue and Public Order
6. Challenging the Republic of Virtue
7. Equal Freedom versus Equal Commitment
PART 3: THE RISE AND FALL OF LIBERTINISM
8. The Origins of Libertinism
9. The Law Catches Up
10. The Libertine Regime
11. There's No Such Thing As Free Love
PART 4: HARD BARGAINS
12. The Rules of the Game
13. Hard Bargains
What People are Saying About This
This is a well-written, well-researched history of the public regulation of sexual behavior. The authors' outspokenness and radical slant will make this a controversial book, but it is not orthodox or doctrinaire, and the forcefulness, clarity, and skill with which the authors defend their position will challenge skeptics. Although there is much in the book with which I disagree, it is a good and interesting book and deserves to make a splash.
United States Court of Appeals, Seventh Circuit