Results for 'Sex and law. '

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  1.  36
    “Gender-benders”: Sex and Law in the Constitution of Polluted Bodies. [REVIEW]Dayna Nadine Scott - 2009 - Feminist Legal Studies 17 (3):241-265.
    This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an (...)
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  2. Gender, Sex and the Law.Susan Edwards - 1985
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  3.  10
    Sex in Ethics and Law.Iwao Hoshii - 1986 - Paul Norbury Publications.
    "Morality is a specific human attribute which, however, does not enjoy universal recognition. Its disregard in practice is matched by the disagreement concerning its justification. The repudiation of moral restraints on sexual conduct did not start with the sex revolution of the sixties, but it took the AIDS crisis to slow down the expansion of the culture of promiscuity that became fashionable with the emancipation from traditional values."--Publisher's description.
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  4.  3
    Gender, Sex and Religious Freedom in the Context of Secular Law.Janet Jakobsen, Mayanthi Fernando & Christine M. Jacobsen - 2016 - Feminist Review 113 (1):93-102.
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  5.  51
    Sex and Power:Feminism Unmodified: Discourses on Life and Law. Catherine A. MacKinnon.Carole Pateman - 1990 - Ethics 100 (2):398-.
  6.  76
    Sexes and Geneologies.Luce Irigaray - 1993 - Columbia University Press.
    In the tradition of Simone de Beauvoir and Julia Kristeva, Luce Irigaray is one of France's most versatile feminist critics. _Sexes and Genealogies, _a collection of lectures delivered throughout Canada and Europe, introduces her writing to a wider American audience. Irigaray's most famous work, _Speculum of the Other Woman, _prompted her expulsion from the Lacanin Ecole Freudienne because of its searing depiction of Platonic and Freudian representations of women. Now _Sexes and Genealogies _analyzes sexual difference according to what she terms (...)
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  7. Consenting Adults, Sex, and Natural Law Theory.Timothy Hsiao - 2016 - Philosophia 44 (2):1-21.
    This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.
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  8.  74
    Body, Sex, and Pleasure: Reconstructing Christian Sexual Ethics.Christine E. Gudorf - 1994 - Pilgrim Press.
    Perhaps no other single moral issue today is as hotly contested, or as divisive, as sexuality. Offering a bold and hopeful vision of how Christians - and all people of goodwill - can view this explosive topic, ethicist Christine Gudorf proposes nothing less than a sweeping challenge to traditional Christian teaching on sexual roles, activities, and relationships. Deftly drawing on Scripture, natural law, historical and contemporary Catholic and Protestant theology, the social sciences, and, significantly, the lived experiences of today's women (...)
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  9.  49
    Sex and Gender in the Legal Process.Susan S. M. Edwards - 1996 - Oxford University Press UK.
    This work examines the evolution of law and legal method, and challenges the law's claim to neutrality by examining its role in creating and reproducing inequality between the sexes. It considers many of the current debates, and in each, the law is stated with reference to recent developments in statute and judicial decisions in the UK and other jurisdictions. The author illustrates how each issue is shaped by the current political climate and, where relevant, by the European Court. Reference is (...)
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  10.  6
    Justice Perverted: Sex Offense Law, Psychology, and Public Policy.Charles Patrick Ewing - 2011 - Oxford University Press.
    Fred S. Berlin, M.D., Ph.D., Associate Professor of Psychiatry, The Johns Hopkins University School of Medicine --Book Jacket.
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  11.  42
    Sex, Morality, and the Law.Lori Gruen & George E. Panichas (eds.) - 1996 - Routledge.
    Sex, Morality, and the Law combines legal and philosophical arguments to focus on six controversial topics; homosexual sex, prostitution, pornography, abortion, sexual harassment, and rape. Suitable for use in several disciplines at both undergraduate and graduate levels, this anthology includes critical court decisions and essays representing a diversity of conservative, liberal, and feminist positions.
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  12.  14
    Andil Gosine. Nature’s Wild: Love, Sex, and Law in the Caribbean. Durham, N.C.: Duke University Press, 2021. 192 pp. [REVIEW]Weisong Gao - 2023 - Critical Inquiry 49 (2):283-284.
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  13.  9
    Sexes and Geneologies.Gillian C. Gill (ed.) - 1993 - Cambridge University Press.
    In the tradition of Simone de Beauvoir and Julia Kristeva, Luce Irigaray is one of France's most versatile feminist critics. _Sexes and Genealogies, _a collection of lectures delivered throughout Canada and Europe, introduces her writing to a wider American audience. Irigaray's most famous work, _Speculum of the Other Woman, _prompted her expulsion from the Lacanin Ecole Freudienne because of its searing depiction of Platonic and Freudian representations of women. Now _Sexes and Genealogies _analyzes sexual difference according to what she terms (...)
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  14. Robot sex and consent: Is consent to sex between a robot and a human conceivable, possible, and desirable?Lily Frank & Sven Nyholm - 2017 - Artificial Intelligence and Law 25 (3):305-323.
    The development of highly humanoid sex robots is on the technological horizon. If sex robots are integrated into the legal community as “electronic persons”, the issue of sexual consent arises, which is essential for legally and morally permissible sexual relations between human persons. This paper explores whether it is conceivable, possible, and desirable that humanoid robots should be designed such that they are capable of consenting to sex. We consider reasons for giving both “no” and “yes” answers to these three (...)
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  15.  8
    Introduction to Special Issue: Decertifying Legal Sex—Prefigurative Law Reform and the Future of Legal Gender.Davina Cooper & Flora Renz - 2023 - Feminist Legal Studies 31 (1):1-16.
    This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...)
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  16.  14
    Sex laws and customs in Judaism.Louis M. Epstein - 1967 - New York,: Ktav Pub. House.
    Companion to an earlier work : Marriage laws in the Bible and the Talmud.
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  17.  18
    Under‐the‐covers undercover investigations: Some reflections on the state's use of sex and deception in law enforcement.Gary T. Marx - 1992 - Criminal Justice Ethics 11 (1):13-24.
    . Under‐the‐covers undercover investigations: Some reflections on the state's use of sex and deception in law enforcement. Criminal Justice Ethics: Vol. 11, No. 1, pp. 13-24.
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  18.  14
    Law, sex and christian society in medieval Europe : James A. Brundage , 674pp., $45.00. [REVIEW]Paul Fouracre - 1989 - History of European Ideas 10 (4):495-496.
  19. Sex, Truth, and Law: Rereading Foucault's History of Sexuality after Volume 4, The Confessions of the Flesh[REVIEW]Tuomo Tiisala - 2023 - European Journal of Philosophy 31 (3):836-843.
  20.  13
    Sex, Preference, and Family: Essays on Law and Nature.David M. Estlund & Martha C. Nussbaum (eds.) - 1997 - Oxford University Press USA.
    In this timely, provocative volume, essayists including Susan Moller Okin, Catherine A. MacKinnon, Cass Sunstein, Martha Minow, William Galston, and Sara McLanahan argue positions on sexuality, on the family, and on the proper role of law in these areas.
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  21.  23
    Sex and status in Scottish Enlightenment social science: John Millar and the sociology of gender roles.Richard Olson - 1997 - History of the Human Sciences 10 (5):73-100.
    John Millar's Origin of the Distinction of Ranks contains one of the first extensive and systematic discussions of the status of women in different societies. In this paper I attempt to show first that a combi nation of circumstances associated with the teaching of moral philos ophy at Glasgow and with the reform of Scots law undertaken by Lord Kames made the status of women a critical problem for Millar. Second, I attempt to demonstrate that Millar drew heavily upon the (...)
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  22. Why When She Says No She Doesn't Mean Maybe and Doesn't Mean Yes: A Critical Reconstruction of Consent, Sex, and The Law: Joan McGregor.Joan McGregor - 1996 - Legal Theory 2 (3):175-208.
    A little more than two years ago, a Texas woman, faced with a knife-wielding intruder demanding sex from her, tried to talk her attacker into wearing a condom to protect herself against the possibility of contracting AIDS. A grand jury refused to indict the man because jurors believed that the woman's act of self-protection implied that she had consented to sex.
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  23.  17
    The Invisible Women: Migrant and Immigrant Sex Workers and Law Reform in Canada.Jamie Chai Yun Liew - 2020 - Studies in Social Justice 2020 (14):90-116.
    This article examines how migrant and immigrant sex workers have been rendered invisible before the courts and parliament in the reform of laws regarding sex work in Canada. A discourse analysis of the expansive legal record in the Bedford case and the transcripts of Parliamentary debates and testimony before Standing Committees confirm the lack of nuanced discussion on how criminal law reform could impact migrant and immigrant sex workers. As such, while the case of Bedford and the resulting change in (...)
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  24.  1
    The Body in Context: Sex and Catholicism.Gareth Moore - 1992 - Trinity Press International.
    Examines some of the principal arguments and styles of argument which Christians, and particularly the Roman Catholic Church, have advanced in support of Christian standards in sexual ethics. Catholic teaching has sought to present Christian sexual standards and values as reasonabale, as standards which anyone can see to be right if only they think about them in the right way. Arguments have been drawn from both Scripture and from philosophy and experience, the latter being particularly important at a time when (...)
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  25.  6
    Book Review: Gender, Sex and the Law. [REVIEW]Hilary Allen - 1985 - Feminist Review 21 (1):109-111.
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  26.  12
    Women, Gays, and the Constitution: The Grounds for Feminism and Gay Rights in Culture and Law.David A. J. Richards - 1998 - University of Chicago Press.
    In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights. Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated (...)
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  27.  23
    Jane Scoular: The Subject of Prostitution: Sex Work, Law and Social Theory: Routledge, 2015, ISBN: 978-1-904385-51-6.Katie Cruz - 2018 - Feminist Legal Studies 26 (2):215-218.
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  28.  61
    Sex and the civil partnership act: the future of (non) conjugality? [REVIEW]Nicola Barker - 2006 - Feminist Legal Studies 14 (2):241-259.
    This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding (...)
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  29. Natural Law, Same-Sex Marriage, and the Politics of Virtue.Gary Chartier - 2001 - UCLA Law Review 48:1593-1632.
    Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.
     
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  30.  33
    Dangerous Sex, Invisible Labor: Sex Work and the Law in India.Prabha Kotiswaran - 2011 - Princeton University Press.
    Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in (...)
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  31.  12
    The fetish economy of sex and gender activism: transnational appropriation and allyship.L. L. Wynn & Saffaa Hassanein - 2023 - Feminist Theory 24 (2):125-150.
    This article examines what happens when local gender rights activism is taken up by international allies and appropriators, using case studies of activism in Saudi Arabia and India. The relationship between local and transnational activists is shaped by histories of Euro-Americans writing about the gendered organisation of Eastern societies. In an economic system where nongovernmental activist groups compete for donor support, political causes are commodities with value, and value is generated through representations (e.g. of patriarchal oppression). These representations of the (...)
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  32. A Comment on Consent, Sex, and Rape.Robin West - 1996 - Legal Theory 2 (3):233-251.
    During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all three were aimed (...)
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  33.  11
    Beyond Race, Sex, and Sexual Orientation: Legal Equality Without Identity.Sonu Bedi - 2013 - Cambridge University Press.
    The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. (...)
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  34.  42
    Criminal Law, Policing Policy, and HIV Risk in Female Street Sex Workers and Injection Drug Users.Kim M. Blankenship & Stephen Koester - 2002 - Journal of Law, Medicine and Ethics 30 (4):548-559.
    In public health and the social sciences, there is growing recognition of the role that social context plays in determining health. Frequently, social relations of inequality are among the most important features of social context identified in this work, and emphasis is placed on identifying and addressing these inequalities in order to improve health. Within the field of HIV/AIDS prevention as well, researchers have begun to look beyond individuals for an understanding of the structural causes of HIV-related risk. This research (...)
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  35.  16
    Criminal Law, Policing Policy, and HIV Risk in Female Street Sex Workers and Injection Drug Users.Kim M. Blankenship & Stephen Koester - 2002 - Journal of Law, Medicine and Ethics 30 (4):548-559.
    In public health and the social sciences, there is growing recognition of the role that social context plays in determining health. Frequently, social relations of inequality are among the most important features of social context identified in this work, and emphasis is placed on identifying and addressing these inequalities in order to improve health. Within the field of HIV/AIDS prevention as well, researchers have begun to look beyond individuals for an understanding of the structural causes of HIV-related risk. This research (...)
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  36. Jeremy Bentham on taste, sex and religion.Philip Schofield - 2014 - In Xiaobo Zhai & Michael Quinn (eds.), Bentham's Theory of Law and Public Opinion. New York, NY: Cambridge University Press.
     
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  37.  27
    Sex, Drugs, Death and the Law: An Essay on Human Rights and Over-Criminalization.William J. Winslade & David A. J. Richards - 1983 - Hastings Center Report 13 (2):47.
    Book reviewed in this article: Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization. By David A. J. Richards. Totowa, NJ: Rowman and Littlefield, 1982. xii + 316 pp. $26.95.
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  38. Abusing Vulnerability? Contemporary Law and Policy Responses to Sex Work in the UK.Vanessa E. Munro & Jane Scoular - 2012 - Feminist Legal Studies 20 (3):189-206.
    There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies—one in which vulnerability is relied upon by those seeking improved social justice as a (...)
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  39.  30
    Equal Protection and Scarce Therapies: The Role of Race, Sex, and Other Protected Classifications.Govind Persad - 2022 - Smu Law Review Forum 75:226.
    The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? Part II explains the application of strict scrutiny to allocation criteria that consider individual race, which have been recently debated, and concludes that such criteria are unlikely to succeed under (...)
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  40.  72
    Freedom, Sex Roles, and Anti-Discrimination Law.Adam Hosein - 2015 - Law and Philosophy 34 (5):485-517.
    In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a useful (...)
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  41. Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW]Heather M. Smith - 2011 - Human Rights Review 12 (3):271-286.
    The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of international law. (...)
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  42. Robot Sex: Social and Ethical Implications.John Danaher & Neil McArthur - 2017 - MIT Press.
    Sexbots are coming. Given the pace of technological advances, it is inevitable that realistic robots specifically designed for people's sexual gratification will be developed in the not-too-distant future. Despite popular culture's fascination with the topic, and the emergence of the much-publicized Campaign Against Sex Robots, there has been little academic research on the social, philosophical, moral, and legal implications of robot sex. This book fills the gap, offering perspectives from philosophy, psychology, religious studies, economics, and law on the possible future (...)
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  43.  32
    Intersexual Births: The Epistemology of Sex and Ethics of Sex Assignment.Matteo Cresti, Elena Nave & Roberto Lala - 2018 - Journal of Bioethical Inquiry 15 (4):557-568.
    This article aims to analyse a possible manner of approaching the birth of intersexual children. We start out by summing up what intersexuality is and how it is faced in the dominant clinical practice. We then argue against this paradigm, in favour of a postponement of genital surgery. In the second part of this paper, we take into consideration the general question of whether only two existing sexes are to be recognized, arguing in favour of an expansion of sex categories. (...)
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  44.  12
    Book Review: Same-Sex Marriage: The Cultural Politics of Love and Law. By Kathleen E. Hull. New York: Cambridge University Press, 2006, 277 pp., $75.00 (cloth), $29.99. [REVIEW]Carly M. Chillmon - 2007 - Gender and Society 21 (4):603-604.
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  45.  27
    Same-sex relations and the law.Cass R. Sunstein - 1994 - Metaphilosophy 25 (4):262-284.
    Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western Civilization. Condemnation of those practices is firmly rooted in Judeo‐Christian moral and ethical standards˜. Blackstone described ‘the infamous crime against nature’ as an offense of ‘deeper malignity than rape’….
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  46. Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law.Nicholas Bamforth & David A. J. Richards - 2007 - New York: Cambridge University Press. Edited by David A. J. Richards.
    Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...)
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  47. What Taylor Swift and Beyoncé Teach Us About Sex and Causes.Robin Dembroff, Issa Kohler-Hausmann & Elise Sugarman - 2020 - University of Pennsylvania Law Review 169 (1):1-12.
    In the consolidated cases Altitude Express v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court will decide whether or not Title VII prohibits discrimination on the basis of sexual orientation or gender identity. Although the parties disagree as to the appropriate formulation of a but-for test to determine whether or not there was a discriminatory outcome, all parties do agree to the use of such a test, which asks “whether the evidence (...)
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  48.  15
    Sex, Law, and Society in Late Imperial China.Bradly W. Reed & Matthew H. Sommer - 2002 - Journal of the American Oriental Society 122 (3):626.
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  49.  9
    Sex, Drugs, Death, and the Law.R. G. Frey - 1983 - Philosophical Books 24 (4):234-236.
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  50. Pedophilia and Adult–Child Sex: A Philosophical Analysis.Stephen Kershnar - 2015 - Lexington Books.
    This book provides a philosophical analysis of adult-child sex and pedophilia. The sex intuitively strikes many people, including myself, as sick, disgusting, and wrong. The problem is that it is not clear whether these judgments are justified and whether they are aesthetic or moral. By analogy, many people find it disgusting to view images of obese people having sex, but it is hard to see what is morally undesirable about such sex. Here the judgment is aesthetic. This book looks at (...)
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