
In "The Boundaries of Desire," Eric Berkowitz reveals how sex laws have shaped identities and power dynamics over a century. Praised by Judge Richard Posner as "concise and compelling," this mind-blowing exploration challenges our assumptions about consent, morality, and who controls our most intimate choices.
Eric Berkowitz, author of The Boundaries of Desire: Bad Laws, Good Sex, and Changing Identities, is a renowned human rights lawyer, historian, and journalist specializing in the intersection of law, sexuality, and censorship. A San Francisco-based attorney, Berkowitz has dedicated his career to advocating for refugees and asylum seekers, particularly those fleeing persecution based on sexual orientation or gender identity. His expertise in legal history and social justice informs his exploration of how societal norms and state power have shaped sexual identity and human rights over the past century.
Berkowitz’s acclaimed prior work, Sex and Punishment: Four Thousand Years of Judging Desire, established him as a leading voice in analyzing the legal regulation of intimacy across cultures and eras.
His articles on law, human rights, and censorship have appeared in The Washington Post, Los Angeles Times, and The New York Times, among other outlets. A sought-after speaker, he has presented at forums like the Aspen Ideas Festival and contributed to global discussions on free expression and sexual equality. Berkowitz’s legal victories include never losing an asylum case and shaping landmark constitutional arguments for poverty-rights litigation. His work has been praised by The Guardian as “entertaining historical work” that combines rigorous scholarship with compelling storytelling.
The Boundaries of Desire explores the evolution of sex laws in the U.S. over the past century, analyzing how legal and cultural norms have clashed over issues like marital rape, birth control, LGBTQ+ rights, and obscenity. Berkowitz combines historical cases, court rulings, and human stories to reveal how power dynamics and societal fears shaped—and continue to reshape—sexual morality and law.
This book is ideal for readers interested in legal history, gender studies, or social justice. Legal scholars, activists, and general audiences will appreciate its accessible analysis of how laws governing sex, marriage, and identity reflect broader struggles over equality and human rights.
Yes. Kirkus Reviews praises its “engaging study” and “compelling human element,” blending rigorous research with vivid storytelling. It offers critical insights into ongoing debates about consent, censorship, and sexual autonomy, making it relevant for understanding modern legal and cultural conflicts.
Key themes include:
Berkowitz highlights cases like the “Rape-Your-Wife Privilege,” sterilization of “feebleminded” women, and criminalization of homosexuality. These examples expose how law enforcement and pseudoscience perpetuated systemic oppression, often targeting marginalized groups.
Notable cases include:
He shows how 19th-century fears of “obscenity” and racial mixing evolved into modern debates over sexting, workplace harassment, and internet pornography. The book argues that many current laws remain rooted in outdated moral panics.
Some reviewers note Berkowitz’s focus on “panic mentality” risks oversimplifying complex legal debates. However, his analysis is widely praised for exposing how cultural biases—rather than objective justice—often drive sex laws.
As a human rights lawyer and journalist, Berkowitz draws on his experience representing asylum seekers and analyzing legal systems. His previous book, Sex and Punishment, examined 4,000 years of sexual law, providing context for this modern sequel.
It clarifies ongoing conflicts, such as debates over transgender rights, campus sexual assault policies, and online content regulation. By tracing legal precedents, Berkowitz helps readers navigate today’s polarized discussions.
While Sex and Punishment spans millennia, The Boundaries of Desire focuses on the 20th-21st centuries, offering deeper analysis of recent issues like #MeToo and marriage equality. Both books emphasize storytelling to humanize legal battles.
Berkowitz critiques “catch-all solutions” to sexual issues, advocating nuanced approaches. He also introduces the idea of law as a “bloodsport,” reflecting how courtroom battles over sex reveal societal tensions about power and identity.
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The sex impulses are present in every one.
Everyone has opinions about what families should be.
A married woman has the same right to control her own body as does an unmarried woman.
If you can't rape your wife, who can you rape?
The wife's desires were irrelevant.
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When the patrons of the Stonewall Inn fought back against a police raid in 1969, they ignited what would become the modern gay rights movement. That same week, a federal appeals court ruled that a gay employee couldn't be fired solely for his "immoral conduct." These watershed moments marked dramatic shifts in how society and law approach human sexuality. While the physical acts of sex remain largely unchanged through history, our judgments about them exist in constant flux. The law's attempt to regulate our most intimate behaviors reveals fascinating contradictions about power, morality, and human nature that continue to shape our lives today.