Authors: Nicholas Bamforth
ISBN-13: 9780304331475, ISBN-10: 0304331473
Format: Paperback
Publisher: Continuum International Publishing Group
Date Published: May 1998
Edition: (Non-applicable)
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.
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.
Preface | ||
1 | Themes | 1 |
2 | Injustice under Law? | 22 |
3 | Understanding Lesbian and Gay Rights | 64 |
4 | Justifications: Their Nature and Operation | 107 |
5 | Justifications for Prohibition or Restriction | 148 |
6 | Justifications for Legal Protection: Immutability, Respect for Privacy, and Liberationism | 196 |
7 | Justifications for Legal Protection: Equality and Beyond | 235 |
8 | The Limits of Law and Law Reform | 272 |
Bibliography | 294 | |
Table of Cases | 304 | |
Index | 307 |