Regulating Intimacy: A New Legal Paradigm

"Cohen's work brings new substance and new clarity to claims for the proceduralization (or reflexivity) of law. Cohen denies the independence of political-moral orientations from idealizations of the legal form and the background models of individual, society, and state that motivate such idealizations. She shows convincingly how the legal-formal idealizations native to a debate between classical and welfare liberalism inevitably mistranslate and miscarry the distinctive aims of a constructivist, deontological liberalism that differs crucially from them both."--Frank Michelman, Harvard University "I have readRegulating Intimacywith much pleasure and profit. Professor Cohen illuminates the conceptual and policy issues that arise when we try to encourage intimate associations that are both free and responsible. This is a welcome contribution to the integration of moral and social theory. It deals extensively with contemporary legal doctrine, and helps us make sense of new thinking about law and society."--Philip Selznick, author ofThe Communitarian Persuasion "Cohen has written an enormously impressive contribution to legal and political scholarship sure to be of interest to a broad audience of scholars, policy makers, and activists. Creatively borrowing from recent debates within European legal theory about the prospects of a 'reflexive paradigm' of regulation, she demonstrates persuasively why traditional views of the proper legal treatment of the domain of intimacy need to be reformulated. Those interested in a host of ongoing legal debates about privacy and sexuality will find answers to many of their questions here. Cohen has authored a genuinely pathbreaking work which should influence policy and judicial decisionmaking."--William E. Scheuerman, University of Minnesota "This is a bold, exciting, novel defense of privacy law. Cohen's learned approach to arguing that privacy is neither arbitrary nor archaic engages a surprisingly wide range of important contemporary thinkers. Her selection of case studies is timely and of great interest--giving the book immediate practical value. It will attract many readers and critics."--Anita Allen, University of PennsylvaniaJean L. Cohen is the author of 'Regulating Intimacy: A New Legal Paradigm', published 2004 under ISBN 9780691117898 and ISBN 0691117896.