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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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Unwanted Sex


ISBN13: 9780674576483
ISBN: 0674576489
Published: November 1998
Publisher: Harvard University Press
Country of Publication: USA
Format: Hardback
Price: Out of print
Paperback edition price on application, ISBN13 9780674002036



Despite three decades of intense scrutiny and repeated attempts at ambitious reform, American laws against rape and sexual harrassment still fail to protect women from sexual over-reaching and abuse. In this work, Stephen Schulhofer shows the need to refocus laws against rape and to create a new system of legal safeguards against interference with sexual autonomy.;With vivid examples, including stranger assaults, date rapes, and sexual encounters between job supervisors and subordinates, teachers and students, doctors and patients, and lawyers and clients, Schulhofer argues that reforms of rape and sexual harassment law are over-rated and inadequate.;From the excessive degree of force necessary for an aggressive action to be defined as rape, to the gray areas in which coercion and exploitation can be used to elicit a false but legally valid ""consent"", Schulhofer offers a clear analysis of the limits of current standards. His proposals for a radically different approach hold the promise of genuine respect and effective protection for the sexual autonomy of both men and women.

Contents:
Unchecked abuses; disappointing reforms; fear and desire; the search for solutions; feminist conceptions/judicial innovations; the missing entitlement - sexual autonomy; sexual coercion - the problem of threats and resistance; sexual bargaining - legitimate and illegitimate offers; supervisors and teachers - the problem of power; psychiatrists and psychologists - the problem of trust; doctors and lawyers - the problem of professional authority; dating - what counts as consent?; taking sexual autonomy seriously; model criminal statute for sexual offences.