A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking.
Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse.
In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike—those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.
One scarcely knows whether to laugh or cry. The spectacle presented, in Cynthia Russett's splendid book, of nineteenth-century white male scientists and thinkers earnestly trying to prove women inferior to men--thereby providing, along with "savages" and "idiots," an evolutionary buffer between men and animals--is by turns appalling, amusing, and saddening. Surveying the work of real scientists as well as the products of more dubious minds, Russett has produced a learned yet immensely enjoyable chapter in the annals of human folly.
At the turn of the century science was successfully challenging the social authority of religion; scientists wielded a power no other group commanded. Unfortunately, as Russett demonstrates, in Victorian sexual science, empiricism tangled with prior belief, and scientists' delineation of the mental and physical differences between men and women was directed to show how and why women were inferior to men. These men were not necessarily misogynists. This was an unsettling time, when the social order was threatened by wars, fierce economic competition, racial and industrial conflict, and the failure of society to ameliorate poverty, vice, crime, illnesses. Just when men needed the psychic lift an adoring dependent woman could give, she was demanding the vote, higher education, and the opportunity to become a wage earner!
No other work has treated this provocative topic so completely, nor have the various scientific theories used to marshal evidence of women's inferiority been so thoroughly delineated and debunked. Erudite enough for scholars in the history of science, intellectual history, and the history of women, this book with its stylish presentation will also attract a large nonspecialist audience.
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