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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Family law
At a time when legal and social prohibitions on sexual
relationships are declining, Americans are still nearly unanimous
in their condemnation of adultery. Over 90 percent disapprove of
cheating on a spouse. In her comprehensive account of the legal and
social consequences of infidelity, Deborah Rhode explores why. She
exposes the harms that criminalizing adultery inflicts, and she
makes a compelling case for repealing adultery laws and
prohibitions on polygamy. In the twenty-two states where adultery
is technically illegal although widely practiced, it can lead to
civil lawsuits, job termination, and loss of child custody. It is
routinely used to threaten and tarnish public officials and
undermine military careers. And running through the history of
anti-adultery legislation is a double standard that has repeatedly
punished women more severely than men. An "unwritten law" allowing
a man to avoid conviction for killing his wife's lover remained
common well into the twentieth century. Murder under these
circumstances was considered an act of understandable passion.
Adultery has been called the most creative of sins, and novelists
and popular media have lavished attention on sexual infidelity. As
a focus of serious study, however, adultery has received short
shrift. Rhode combines a comprehensive account of the legal and
social consequences of adultery with a forceful argument for
halting the state's policing of fidelity.
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