Regulating Intimacy: A New Legal Paradigm - Hardcover

Cohen, Jean L.

Hardcover

ISBN 10: 0691057400 ISBN 13: 9780691057408

Verlag: Princeton University Press, 2002

Inhaltsangabe

Disputes have arisen over questions that apparently set the demands of personal autonomy, justice and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly towards others? Can regulation acknowledge a variety of intimate relationships without privileging any? Jean Cohen argues that these questions have been impossible to resolve because most legislators, activists and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defence of privacy, one based on the idea that norms and rights are legally constructed.

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Über die Autorin bzw. den Autor

Jean L. Cohen is Professor of Political Science at Columbia University. She is the author of Class and Civil Society and the coauthor of Civil Society and Political Theory. She serves as Associate Editor of Dissent, Constellations, and Philosophy and Social Criticism.

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"Cohen's work brings new substance and new clarity to claims for the proceduralization (or reflexivity) of law. Cohen denies the independence of political-moral orientations from idealizations of the legal form and the background models of individual, society, and state that motivate such idealizations. She shows convincingly how the legal-formal idealizations native to a debate between classical and welfare liberalism inevitably mistranslate and miscarry the distinctive aims of a constructivist, deontological liberalism that differs crucially from them both."--Frank Michelman, Harvard University

"I have read Regulating Intimacy with much pleasure and profit. Professor Cohen illuminates the conceptual and policy issues that arise when we try to encourage intimate associations that are both free and responsible. This is a welcome contribution to the integration of moral and social theory. It deals extensively with contemporary legal doctrine, and helps us make sense of new thinking about law and society."--Philip Selznick, author ofThe Communitarian Persuasion

"Cohen has written an enormously impressive contribution to legal and political scholarship sure to be of interest to a broad audience of scholars, policy makers, and activists. Creatively borrowing from recent debates within European legal theory about the prospects of a 'reflexive paradigm' of regulation, she demonstrates persuasively why traditional views of the proper legal treatment of the domain of intimacy need to be reformulated. Those interested in a host of ongoing legal debates about privacy and sexuality will find answers to many of their questions here. Cohen has authored a genuinely pathbreaking work which should influence policy and judicial decisionmaking."--William E. Scheuerman, University of Minnesota

"This is a bold, exciting, novel defense of privacy law. Cohen's learned approach to arguing that privacy is neither arbitrary nor archaic engages a surprisingly wide range of important contemporary thinkers. Her selection of case studies is timely and of great interest--giving the book immediate practical value. It will attract many readers and critics."--Anita Allen, University of Pennsylvania

Aus dem Klappentext

"Cohen's work brings new substance and new clarity to claims for the proceduralization (or reflexivity) of law. Cohen denies the independence of political-moral orientations from idealizations of the legal form and the background models of individual, society, and state that motivate such idealizations. She shows convincingly how the legal-formal idealizations native to a debate between classical and welfare liberalism inevitably mistranslate and miscarry the distinctive aims of a constructivist, deontological liberalism that differs crucially from them both."--Frank Michelman, Harvard University

"I have read Regulating Intimacy with much pleasure and profit. Professor Cohen illuminates the conceptual and policy issues that arise when we try to encourage intimate associations that are both free and responsible. This is a welcome contribution to the integration of moral and social theory. It deals extensively with contemporary legal doctrine, and helps us make sense of new thinking about law and society."--Philip Selznick, author of The Communitarian Persuasion

"Cohen has written an enormously impressive contribution to legal and political scholarship sure to be of interest to a broad audience of scholars, policy makers, and activists. Creatively borrowing from recent debates within European legal theory about the prospects of a 'reflexive paradigm' of regulation, she demonstrates persuasively why traditional views of the proper legal treatment of the domain of intimacy need to be reformulated. Those interested in a host of ongoing legal debates about privacy and sexuality will find answers to many of their questions here. Cohen has authored a genuinely pathbreaking work which should influence policy and judicial decisionmaking."--William E. Scheuerman, University of Minnesota

"This is a bold, exciting, novel defense of privacy law. Cohen's learned approach to arguing that privacy is neither arbitrary nor archaic engages a surprisingly wide range of important contemporary thinkers. Her selection of case studies is timely and of great interest--giving the book immediate practical value. It will attract many readers and critics."--Anita Allen, University of Pennsylvania

Details zur Ausgabe

• Verlag: Princeton University Press
• Erscheinungsdatum: 2002
• Sprache: Englisch
• ISBN 10: 0691057400
• ISBN 13: 9780691057408
• Einband: Tapa dura
• Anzahl der Seiten: 304
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Nicht verfügbar