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Sex, Preference, and Family

Written by Martha C. Nussbaum,David M. Estlund

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About this book

The public furor over issues of same sex marriages, gay rights, pornography, and single-parent families has erupted with a passion not seen since the 1960s. This book gathers seventeen eminent philosophers and legal scholars who offer commentary on sexuality (including sexual behavior, sexual orientation, and the role of pornography in shaping sexuality), on the family (including both same-sex and single-parent families), and on the proper role of law in these areas. The essayists are all fiercely independent thinkers and offer the reader a range of bold and thought-provoking proposals. Susan Moller Okin argues, for instance, that gender ought to be done away with--that differences in biological sex ought to have "no more social relevance than one's eye color or the length of one's toes"--and she urges that we look to same-sex couples as a model for households and families in a gender-free society. And Cass Sunstein suggests that the Supreme Court case Loving vs. Virginia (which overthrew the ban on interracial marriages in Virginia) might be a precedent for overturning laws that bar same-sex marriage: just as Loving overturned miscegenation laws because they were at the service of white supremacy, Sunstein shows, the laws against same-sex marriages and homosexuality are at the service of male supremacy, and might also be overturned. Of vital importance to anyone interested in sexuality, homosexuality, gender, feminism, and the family. Sex, Preference, and the Family both clarifies the current debate and points the way toward a less divisive future.

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Reading guide

Themes, characters and key ideas in Sex, Preference, and Family, written by Chaptra AI.

  • about 12 hours
  • advanced
  • analytical
  • rigorous
  • philosophical

Martha C. Nussbaum and David M. Estlund's "Sex, Preference, and Family" is a foundational work in liberal political philosophy that rigorously examines how a just liberal state ought to approach issues of sex, sexuality, and family structures. Through a series of deeply analytical essays, the book explores the tension between individual liberty, societal norms, and state regulation, particularly concerning same-sex relationships, prostitution, and the recognition of diverse family forms. It delves into the philosophical underpinnings of liberal principles like autonomy, equality, and public reason, applying them to some of the most contentious aspects of private life. Ultimately, the work advocates for a robust, non-discriminatory liberalism that prioritizes human dignity and individual flourishing while navigating complex ethical and legal landscapes.

"The liberal state must be neutral between different conceptions of the good life, so long as those conceptions are compatible with the rights of others."

Key themes

Liberalism and its Limits
This theme explores the core tenets of liberal political philosophy—individual rights, autonomy, equality, and the harm principle—and rigorously examines how they apply to, and sometimes struggle with, issues of sex, sexuality, and family. The book investigates how far liberal principles should extend into private life and where the legitimate boundaries of state intervention lie, particularly when dealing with deeply personal choices and societal norms.
Equality and Non-Discrimination
A central theme is the imperative of treating all individuals equally under the law, regardless of their sexual orientation, gender, or chosen family structure. The authors dismantle arguments for discrimination based on tradition, 'natural law,' or popular prejudice, advocating for policies grounded in universalizable principles of justice and respect for human dignity. They explore how historical and contemporary forms of discrimination have shaped legal and social landscapes, and argue for a principled approach to dismantling them.
Public Reason and Private Life
This theme explores how a liberal state, which must justify its coercive laws through reasons acceptable to all reasonable citizens (public reason), can legitimately legislate on matters that are often considered private, deeply personal, and subject to diverse moral or religious views. The authors investigate how to bridge the gap between deeply held private convictions and the requirements of public justification, particularly concerning sex and family, where consensus is often elusive.

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How do Nussbaum and Estlund define 'liberalism' in the context of sex and family, and how does this definition compare to other liberal theories?

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