Sex and Reason

by Richard A. Posner

Book Overview

Sexual drives are rooted in biology, but we don't act on them blindly. Indeed, as the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived.

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 masturbation, incest taboos, date rape,...

• Format: Paperback
• Language: English
• ISBN: 0674802802
• ISBN13: 9780674802803
• Release Date: January 1994
• Publisher: Harvard University Press
• Length: 468 Pages
• Weight: 1.54 lbs.
• Dimensions: 1.2" x 6.4" x 9.2"

Customer Reviews

Brilliant Example of Economic Methodology

Posner is not an economist by training, but this book is an engaging example of how economic methodology can be used to answer basic questions, in this case, about human sexual behavior and the laws that govern it. This book is not necessarily a light read; its statements are thoroughly buttressed by the raw facts and footnotes one would expect (but do no always find) in economics books intended for general audiences. Quickly, however, its thorough treatment of the subject is what engages you and makes the read very enjoyable. It is truly a must-read for anyone interested in economics or law and economics. So enjoyable was this book in fact I became an Economics major after setting it down.

Fun and Fascinating

Judge Posner is the finest legal mind of the current age, and "Sex and Reason" is precisely what you'd expect from him. Bemoaning the lack of empirical study that supports modern day sexual jurisprudence, the author takes it upon himself to correct the oversight. Empiricism is not wanting in the book; footnotes are omnipresent, filled with broad support and delightful nuggets. The book begins with an investigation of sexuality throughout the ages. Sociobiological principles are explained and taken as postulates (women, on average, seek quality, whereas men seek quantity). Posner builds his model of rational sex--dismissing easily typical objections to economic modeling of human behavior--and usng it, attempts to unearth truths about some of the more risque periods of history. We are treated to an analysis of Greek pederasty, the rise of companionate marriage in the Christian church, prostitution throughout the ages, countless other subjects. Modern sexual jurisprudence is investigated: Griswold is discussed, critiqued, defended. Utilitarian approaches are ventured forth in an attempt to justify Roe. Posner discusses cultural policy issues at the helm of modern debate, and offers us his own bright proposals: a free market in adoption, for instance, coupled with a thorough and unabashed defense. Richard Posner's mind is nimble. His arguments are fun, light, powerful, thrown forth quickly into the crucible. So criticize what he says: one gets the feeling Posner wants nothing less. Be fascinated as insights are bred from left field. The book will make you think (about sex, no less, as if a person needed any prodding in that direction), make you smile, and it will make you, as it made me, quite impressed with a certain seventh circuit jurist.

A Mind-opening Book

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 ver

A Major Breakthrough

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.

Assumes sex has reasons; tries to figure them out.

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