Hard Bargains

Men and women have always bargained for sex. In Hard Bargains, philosopher-lawyer Linda Hirshman and legal historian Jane Larson provide the first complete analysis of power in heterosexual relationships, combining an eye-opening legal history of sexual regulation with thought-provoking predictions of what the future might bring. Hirshman and Larson tell a riveting tale that spans the centuries--from early accounts of adulterers hanging from the gibbet, to the impact of the Kinsey Reports and Hugh Hefner's playboy philosophy, to the 1960s judge who argued in favor of sex with eleven-year-olds. The book examines the factors that have shaped our notions of sex, from Catholic teaching to the theories of Sigmund Freud, and it explores the Supreme Court decisions of the last few decades that revolutionized the politics of sex. And Hard Bargains not only provides a deep understanding of historical and current disputes, it also offers striking predictions of what sexual bargaining will look like in the future--rape laws replaced by laws of sexual autonomy, adultery subjected to breach of contract action, fornicators responsible for each other's rent, prostitution considered an unfair labor practice. These are a few of the surprising--and surprisingly workable--solutions the authors foresee in the 21st century. Hard Bargains takes a forthright and level-headed look at all aspects of one of the biggest controversies in contemporary American society--heterosexual sex--and delivers a radically new perspective on the sexual lives of women and men.

Linda Hirshman is Allen Berenson Distinguished visiting Professor at Brandeis University. She lives in Cave Creek, Arizona, and Falmouth, Massachusetts. Jane Larson is Professor of Law at the University of Wisconsin Law School. She lives in Madison, Wisconsin.

Acknowledgments1. Introduction: Sex in PublicPART 1: THE ORIGINS OF HARD BARGAINS2. The Possibilities of Theory3. Rediscovering Early Worlds4. American BeginningsPART 2: THE RISE AND FALL OF THE REPUBLIC OF VIRTUE5. Female Virtue and Public Order6. Challenging the Republic of Virtue7. Equal Freedom versus Equal CommitmentPART 3: THE RISE AND FALL OF LIBERTINISM8. The Origins of Libertinism9. The Law Catches Up10. The Libertine Regime11. There's No Such Thing As Free LovePART 4: HARD BARGAINS12. The Rules of the Game13. Hard Bargains14. ConclusionIndex