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LAWYERS: SEXUAL DULLARDS OR GREAT LOVERS?

an article made by a professor way back in 02.

Everybody nowadays is talking about sex. Not just about sex, but about having plenty of it. It seems the heavy burden of the presidency is no stumbling block to having a plenitude of sex. A bountiful sex life may soon be part of the Filipino dream.

Since the First Gentleman is a lawyer, an interesting and intriguing question is: “Do lawyers make great lovers?” (The term “lawyers” as used here refers only to the male members of the legal profession.) Lawyers have always tried to project a macho image; some even behave like they are God’s gift to women. Many prominent lawyers – both in the government and in the private sector – have been romantically linked to some famous personalities and their sexual escapades are grist for the gossip mill. A dashing high-ranking government lawyer is a well-known Casanova. A congressman lawyer was reported to have been caught by an irate husband in a hotel room and made to streak through the lobby like Lady Godiva except that he had no long hair to cover his manhood. In the private sector, there is a handsome practitioner who wears suspenders to prop up his most important asset.

But what’s really the public perception about lawyers being great romantic and passionate lovers? A review of the literature on the subject shows that lawyers rank very low in women’s sexual esteem.

Down through the centuries, the lawyer has been the object of universal loathing; the only ones with good words for the legal profession are invariably either lawyers or their mothers. (Roth, J. and A., “Poetic Justice, The Funniest, Meanest Things Ever Said About Lawyers”.) Lawyers are viewed as professional buzzards who prey upon people’s troubles. If H.L. Mencken is to be followed, all lawyers should be hanged and their bones sold to a mahjong factory.

Because of their work – which requires what a writer has described as “artificial emotion and superficial indignation” – lawyers are psychologically incapacitated to become great romantic lovers. The practice of law tends to brutalize the feelings and destroy every tender emotion. This is explained by “The lawyer’s perpetual fellowship with dishonesty and constant intercourse with villainy” (This quotation is taken from a book entitled “The Lawyer, or Man As He Ought Not To Be”).

Lawyers are seen by people as a “joyless lot” and as the “dullest section of the community.” According to a former judge in Australia, “They bury their heads in their law books and know nothing about life” (McClelland, J., Sydney Morning Herald, “Sayings of the Week”, March 22, 1986). Erika Jong has remarked: “I have never been in a chamber with a lawyer when I did not wish either to scream with desperation or else fall into the deepest of sleep, even when the matter concerned my own future most profoundly.”

That lawyers are perceived to be the least romantic of human beings or, worse, not to be interested in sex at all is evident from the oft-quoted statement of Woody Allen: “Some men are heterosexual, and some men are bi-sexual, and some men don’t think about sex at all, you know they become lawyers.”

There is a theory that lawyers become sexual dullards or bores because of the deadening influence of the legal texts they work with. A lawyer’s daily reading staple of “whereas”, “wherefore”, “thereof”, “and/or”, “aforesaid”, etc. can numb the senses of anybody. Consider the following: If a lawyer wants to give an apple to somebody, he does not merely say, “I give you this apple.” He has to say it this way: “Know all men by these presents that I hereby give, grant, bargain, sell, release, convey, transfer and quitclaim all my right, title, interest, benefit, and use whatever in, of, and concerning this chattel, otherwise known as an apple or pome fruit of the genus Malus, family Rosaceae, together with all the appurtenances thereto to skin, ripened ovary, and surrounding tissue, hereinafter referred to as pulp, seeds, juice and stem…” (Peter, L., “The Peter Pyramid”, pp. 98-99.) Even the way lawyers talk is quite numbing.

Instead of simply saying “I”, a lawyer, when arguing in court, would often say, “This humble representation.”

All those legalese or gobbledygook can drain anybody of his romantic juices. At the end of the day, a lawyer – after hours of stringing a lot of legal mumbo-jumbo – simply wants to go to sleep or drown himself in vodka or tequila; sex is farthest from his mind.

newsflash.org

Love and the Law <3

Dear Scaebolah,

My boyfriend is pressuring to have sex with him. I’m really in love with him but I’m not sure I’m ready for this. What shall I do?

- Juris Prudent

Dear Juris Prudent,

Many say that there is no love in law: only marriage, property, parental authority, and succession. This is error. The juristic arts may come to the aid of persons like you who wish to look to the guiding light of time-tested legal principles to solve the deepest problems of heart and soul.

The law of contracts is of doubtful application, under the given facts. Marriage (as a special contract) obviously does not apply, and your boyfriend cannot assert the right to consortium (or anything analogous thereto). No form of contract, nominate or innominate covers the prestation he desires. It can be argued that it is a species of facio ut facias, that is, he does (you) and you do (him), but no authority supports that assertion.

But even if specific performance arising from a contractual obligation is not due your boyfriend, your correlative rights and obligations may still be determined by custom.

The Civil Code, through Articles 11 and 12, implicitly recognize the validity of custom as a distinct normative system. As long as the custom is sufficiently proven and not contrary to positive legislation, it subsists as a form of social regulation. As to the question of the source of custom, there is no need to quibble: Custom is handed down by learned jurists like myself. Just ask any student of International Law.

As a starting point, I invite you to browse The Restatement of Love (104 Yale L.J. 707), an attempt to codify the common law rules on love and romance. On the subject of “Sex” it states:

i. Sex within an established relationship. The most common context for sexual intercourse is between two parties to an established relationship. While sexual intercourse is commonly considered a medium by which the parties advance the relationship, this perception is false; sexual intercourse merely reflects the bona fides of the relationship. Sex cannot remedy or compensate for the weaknesses in a flawed relationship, nor can it be used to circumvent the laborious process of establishing emotional intimacy. A fortiori, the introduction of sex into a strong relationship simply reinforces the parties’ established emotional attachments.


This seems to suggest an a priori right to sex in established relationships, the way it is with those trashy American shows you kids watch. Whether or not this is applicable to our jurisdiction is doubtful. This is because American girls are sluts. The typical Filipina, on the other hand, is by nature shy and naïve when it comes to worldly things (see People v. Molina, GR No. L-30191 October 27,1973; People v. Ramos, GR No. 50450 March 16, 1984). Our jurisprudence (see for example People v. Campuhan, GR No. 129433 March 30, 2000) has compared the female virtue to a “citadel of passion”, and you must not so easily let anyone, including your boyfriend, bombard your drawbridge. The more apposite rule is based on the principle quum virginitas, vel castitas, corrupta restitui non potest (1 Viada, 301, 5th edition). Or, simply stated: just say no. for true love waits.

Legal Solutions to life and love problems? Thelawyerisout is all ears (until examination weeks)! I’ll try my best to listen to your legalese and hormonal frustrations. 

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