As laws and mores continue to change at a rapid pace, this engaging study offers helpful historical and legal explanations.
This follow-up to lawyer Berkowitz’s Sex and Punishment: Four Thousand Years of Judging Desire (2012) brings Western society’s continued attempt at regulating sexual mores to the present.
Sex, as the author pertinently grasps in this comprehensive survey that moves forward from around the turn of the 19th century, “burns at the intersection of existence, identity and power,” and the way we regard it tells a great deal about our society. Berkowitz covers the enormous changes that have swept sex law in the categories of family and marriage; homosexuality; minors; definitions of obscenity; rape and sexual harassment; and interracial sexual relations and marriage. In each chapter, the author reveals the way that power has been gradually relinquished and fear vanquished. He explores the intractable (until a groundbreaking 1984 decision in New York) legal doctrine of what Berkowitz calls the “Rape-Your-Wife Privilege,” which entitled a husband to force himself on what was legally his property; the increasing availability of birth control, which has allowed women agency over their bodies, especially significant to the health of working and poor women; the breaking of long-held stereotypes about black females being the “root cause of black poverty”; the defeat of what now appears to us astounding prejudice against “feebleminded” women who got pregnant and homosexuals as criminal and deserving of sterilization and incarceration; and how the hysterical terror of the sex offender prompted draconian residence-restriction laws. Sagely, Berkowitz throws some much-needed light on the still-shadowy definition of obscenity (for example, in public performance), pornography (“sexting” by minors, Clarence Thomas’ record of porn-video rentals), and, especially, “the limits of consent” (what constitutes rape in the college setting and who should deal with it). The author cogently exposes what he believes is “panic mentality” in many cases of rape and child molestation.
As laws and mores continue to change at a rapid pace, this engaging study offers helpful historical and legal explanations.Pub Date: Aug. 11, 2015
ISBN: 978-1-61902-529-5
Page Count: 400
Publisher: Counterpoint
Review Posted Online: June 2, 2015
Kirkus Reviews Issue: June 15, 2015
BOOK REVIEW
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.
“Quality of life means more than just consumption”: Two MIT economists urge that a smarter, more politically aware economics be brought to bear on social issues.
It’s no secret, write Banerjee and Duflo (co-authors: Poor Economics: A Radical Rethinking of the Way To Fight Global Poverty, 2011), that “we seem to have fallen on hard times.” Immigration, trade, inequality, and taxation problems present themselves daily, and they seem to be intractable. Economics can be put to use in figuring out these big-issue questions. Data can be adduced, for example, to answer the question of whether immigration tends to suppress wages. The answer: “There is no evidence low-skilled migration to rich countries drives wage and employment down for the natives.” In fact, it opens up opportunities for those natives by freeing them to look for better work. The problem becomes thornier when it comes to the matter of free trade; as the authors observe, “left-behind people live in left-behind places,” which explains why regional poverty descended on Appalachia when so many manufacturing jobs left for China in the age of globalism, leaving behind not just left-behind people but also people ripe for exploitation by nationalist politicians. The authors add, interestingly, that the same thing occurred in parts of Germany, Spain, and Norway that fell victim to the “China shock.” In what they call a “slightly technical aside,” they build a case for addressing trade issues not with trade wars but with consumption taxes: “It makes no sense to ask agricultural workers to lose their jobs just so steelworkers can keep theirs, which is what tariffs accomplish.” Policymakers might want to consider such counsel, especially when it is coupled with the observation that free trade benefits workers in poor countries but punishes workers in rich ones.
Occasionally wonky but overall a good case for how the dismal science can make the world less—well, dismal.Pub Date: Nov. 12, 2019
ISBN: 978-1-61039-950-0
Page Count: 432
Publisher: PublicAffairs
Review Posted Online: Aug. 28, 2019
Kirkus Reviews Issue: Sept. 15, 2019
SEEN & HEARD
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