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Sexuality, Morals and Justice: A Theory of Lesbian and Gay Rights and the Law »

Book cover image of Sexuality, Morals and Justice: A Theory of Lesbian and Gay Rights and the Law by Nicholas Bamforth

Authors: Nicholas Bamforth
ISBN-13: 9780304331475, ISBN-10: 0304331473
Format: Paperback
Publisher: Continuum International Publishing Group
Date Published: May 1998
Edition: (Non-applicable)

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Author Biography: Nicholas Bamforth

Book Synopsis

Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.

Booknews

British law scholar Bamforth critiques the justifications for law reform advocated by gay and lesbian activists. He finds that no adequate moral case can be founded on respect for privacy, sexual liberation, or the idea that a person's sexual orientation is predetermined. Equality, he says, must be the end result of reform, not its presumed pre-condition. He argues that a better justification can be based on the ideas of autonomy and empowerment. He has presented earlier versions of some chapters as conference talks. Annotation c. by Book News, Inc., Portland, Or.

Table of Contents

Preface
1Themes1
2Injustice under Law?22
3Understanding Lesbian and Gay Rights64
4Justifications: Their Nature and Operation107
5Justifications for Prohibition or Restriction148
6Justifications for Legal Protection: Immutability, Respect for Privacy, and Liberationism196
7Justifications for Legal Protection: Equality and Beyond235
8The Limits of Law and Law Reform272
Bibliography294
Table of Cases304
Index307

Subjects