Sex and Reason (Paperback)

~ The Honorable Richard A. Posner (Author)
Key Phrases: noncompanionate marriage, morally indifferent sex, morally indifferent subject, United States, Law Review, Catholic Church (more...)

Editorial Reviews

Review

[Posner] is one of the most distinguished and prolific legal thinkers of his generation [and this is an] extraordinary book...Like [George Bernard] Shaw, he combines a passion for exposing humbug and pseudo-profundity with an odd but genuine sort of social compassion, a delight in shocking the self-righteous with a love of human diversity and freedom...We will remember, and profit by, the wit and the courage of his attacks on bigotry, folly, and cruelty.
--Martha C. Nussbaum (New Republic )

An incisive tour through theories of sexuality and legal regulation of such matters as marriage, pregnancy, homosexuality, sexual revolution in the courts, erotic art, pornography and nudity, sexual abuse, and the separation of reproduction from sex...At a time when intellectual shoddiness permeates our highest court, [Posner] is a true philosopher of law.
--Carlin Romano (Washington Post Book World )

Product Description

Posner's rational choice theory is the first comprehensive approach to sexuality and its social controls. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from incest taboos and date rape to gay marriage and Baby M.

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Product Details

• Paperback: 468 pages
• Publisher: Harvard University Press (January 1, 1992)
• Language: English
• ISBN-10: 0674802802
• ISBN-13: 978-0674802803
• Product Dimensions: 9.3 x 6.4 x 1.3 inches
• Shipping Weight: 1.6 pounds (View shipping rates and policies)
• Average Customer Review: 4.7 out of 5 stars  See all reviews (9 customer reviews)
• Amazon.com Sales Rank: #472,073 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

36 of 39 people found the following review helpful:

5.0 out of 5 stars A Mind-opening Book, March 30, 2002

By	Redmund K. Sum (Los Altos, CA USA) - See all my reviews (REAL NAME)

This review is from: Sex and Reason (Hardcover)

Reading Judge Posner's book is a humbling experience. Much of what I thought I knew about sex is a tiny fraction of what this book has documented, analyzed and argued.

I have known that many early Greek luminaries, such as Plato, Socrates and Sophocles were homosexual. This book puts these mere points of interest in a wholly different light by exploring the social settings of the early Grecian (Athenian) society: that the early marriages were not companionate, that women in that society, including wives, were sequestered, that boys and girls were raised separately, and not by the mother, that pederasty was almost an accepted social institution, etc.

I have always believed that homosexuality is a rooted genetically, although it is not binary factor. This book puts homosexuality, through the use of the "Kinsey scale", into different degrees and clearly distinguishes between homosexual tendency and homosexual activity, and defines the opportunistic homosexual in economic terms. With very simple reasoning, this book explains why urbanization seems (only seems) to foster homosexuality and the emergence of homosexual enclaves such as San Francisco and New York.

This book also explains, again through an economic model, why the black men in this country seem (again, only seem!) to be sexually aggressive and promiscuous, whereas sexual abuse of off-spring children (girls) have a higher incidence in white households.

I am also enlightened on how the child birth, which in the early days often caused the death of the mother, created serial polygamy (polygyny, to be more precise) and that the widower, who were older and more economically established men, puts young bachelors at a competitive disadvantage in securing a mate, especially in the early industrial society where the cost of marriage was high.

I am enlightened to the role of the Church as the promoter of companionate marriage and how its fairly profound effect on this social institution. And also why the Church "overtly condoned prostitution and covertly condoned monastic homosexuality."

There are many other issues, such as infanticide, fornication, adultery, divorce, coercive and abusive sex, pornography, adoption, surrogate child-bearing ... to which Judge Posner gave interesting and informative treatment.

The thoroughness with which Judge Posner analyzes a problem is unmatched. Although I am not always completely convinced by his reasoning (because some of the arguments are necessarily qualitative and intuitive,) but the plausibility is striking. And I am frequently amazed by the different angles with which he looks at an issue, and the amount of facts and data he brings forth to support his views. When facts contradict what his theory predicts, he graciously points that out. In the conclusion of the book, Judge Posner, with scholarly grace and modesty, points out that his work was exploratory, a learning process for himself, and was not being presented as definitive.

Judge Posner's writing style is very good. The book is never boring, though some of the information and arguments are repeated due to the inter-relatedness of many of the issues. Throughout the book, the Judge's remarkable analytic skill can be felt. At one point, the Judge mercilessly took apart the New Jersey Supreme Court's opinion of the Baby M case (Stern vs. Whitehead) and clearly showed how judges, lacking knowledge on the subject matter and often ignorant about economics, proceeded to vote their own prejudices, and substituted rhetoric and sloppy logic for judicial analysis. This one episode, which clearly illustrates the reason he wrote this book, as he stated in the introduction, is worth the price of the book.

How many judges are as good as Judge Posner? Since he has published so much, chances of his ever being nominated and confirmed to be a justice of the High Court must be pretty slim, considering the infamous borking effect. This is just as well. I wishfully think his publications probably has a greater influence on the society, especially the legal community, than if he were appointed a justice.

Having read several of Judge Posner's books, I mark him down as one of a handful of top-notch intellectuals in my estimation.

14 of 14 people found the following review helpful:

5.0 out of 5 stars A Major Breakthrough, July 6, 2000

By	Andrew Kennedy (Pittsburgh, PA) - See all my reviews

In this book Richard Posner manages to singlehandedly turn legal scholarship on its head. He examines human sexuality from a myriad of perspectives--literature, sociology, evolutionary biology, morality, and history. He does so with impeccable scholarship, demonstrating not only that he is widely read in these diverse areas, but that he has something to say. The book is worth reading for just that.

But Posner's more impressive accomplishment is his singular approach to the regulation of human sexual behavior. His rational choice, economics of law approach is compelling. Even if you are not entirely convinced, Posner builds a powerful case for both academic and policy debate.

Posner's approach contrasts with most legal scholarship, which is lifeless and rarely bothers to consider the social sciences. Posner's book shows the intergal link between law, politics, and economics. It is also approachable and direct. You can't read Sex and Reason and not feel your deeply held beliefs directly challenged by a kind and discerning intellect. He is passionate, articulate, and eminently readable.

Posner's book has become a lightening rod in legal circles and is a must read for any serious reader in the area.

13 of 14 people found the following review helpful:

5.0 out of 5 stars Assumes sex has reasons; tries to figure them out., December 22, 1995

By A Customer

The author assumes that people act for the own benefit, and tries to work out what benefit some behaviors have by comparing different eras, cultures, or legal attempts at control. Because of the rational-consumer argument, much of it sounds like economic analysis, though the transactions are rarely monetary. It reminded me of old-fashioned essay sociology - I'm thinking even of Montaigne - not necessarily liberal or conservative, but always rational. Posner is a judge & often compares the intent and the effect of similar legal policies in different countries.

Good fodder for a coffehouse reading group and interesting to loan to a sweetheart. Don't try to read it all at once or in soundbites - an evening at a time, and a chapter an evening, is the speed I found best