Martha Nussbaum’s 1997 book asks how institutions shape intimate life before the law decides what to regulate.
Fights over marriage and sex usually start with what the law should allow. Sex, Preference, and Family asks an earlier question, and in 2015 the US Supreme Court changed the legal setting its closing essay describes.
Twenty-one years after the book, Nussbaum won the 2018 Berggruen Prize. The prize never named it.
Twenty-one years from the book to the prize.
The book appeared on 30 January 1997. The Supreme Court decided Obergefell v. Hodges on 26 June 2015. The Berggruen Prize was conferred on 10 December 2018. By 2022 the Census Bureau counted 741,000 same-sex married-couple households in the United States.
From the book to the prize, and after
Sources: Oxford University Press metadata; Obergefell v. Hodges, 576 U.S. 644; Berggruen Institute announcement; US Census Bureau ACSBR-020, p. 1.
The 2018 Berggruen Prize went to Martha Nussbaum alone, from more than 500 nominees.
The Berggruen Institute’s jury picked her from a shortlist of five for its $1 million Prize for Philosophy and Culture, and conferred it on 10 December 2018 at the New York Public Library. The prize list on the institute’s site gives her name and the year, and no written citation. The closest thing to one is the jury chair’s line in the announcement:
“Few philosophers combine depth and lucidity with elegant and moving prose.”
A correction to the data this story started from: Ernst Freund is not a co-winner. He is the name on her chair at the University of Chicago, where she is the Ernst Freund Distinguished Service Professor of Law and Ethics. See the laureate list.
Where the prize was conferred
A 1997 book of 17 pieces by 15 writers, co-edited by Nussbaum and David Estlund.
Sex, Preference, and Family: Essays on Law and Nature came out from Oxford University Press on 30 January 1997. It has four parts: fifteen numbered chapters and two commentaries, one by each editor. Nussbaum writes chapter 2, “Constructing Love, Desire, and Care” (pp. 17 to 43), and the closing commentary, “Preference and Family” (pp. 319 to 338).
The prize’s own documents do not name this book, so this page calls it a representative work, not the prize-winning one. We found no free full text; the links go to the publisher’s record and the University of Chicago’s.
The University of Chicago’s law school, on an old postcard
The book runs from desire to law to family, and its last word is about institutions.
FactIts 17 pieces disagree and share no single finding. The parts move from care, desire and gender (Part I), through sexual liberty and speech (Part II), to economic, constitutional and natural-law readings of homosexuality (Part III), and on to family membership, children and single motherhood (Part IV). Nussbaum’s closing commentary (pp. 319 to 338) opens on institutions, not private feeling: the rules that, in 1997, restricted same-sex lives, including the bar on marriage.
InterpretationRead whole, the collection treats intimate life as already shaped by institutions before any lawmaker asks whether to regulate it.
This reading rests on the publisher’s contents and the accessible openings of three chapters, not the full text.
Nussbaum writes the second essay and the last word: 47 of 329 pages
Rebuilt from the book’s contents and page ranges: Oxford University Press metadata, DOI 10.1093/oso/9780195098945.001.0001. Pages of each piece; part title pages left out.
OpenAlex links 68 citing works to the book’s online edition.
Its yearly series accounts for 28 of them, from 2012 on: 10 in 2020, 15 in 2024 and one each in 2013, 2017 and 2021. The other 40 are not broken out by year.
This is a floor, not a full count. The record (W4388253512) belongs to the Oxford Academic DOI, and a printed book from 1997 is cited in many ways a database can miss. Read on 5 November 2026.
Dated citations cluster in two years: 10 in 2020, 15 in 2024
Source: OpenAlex, work W4388253512, counts_by_year, read 5 November 2026.
The announcement names 8 Nussbaum books. This one is not among them.
FactThe jury’s announcement lists eight books, grouped under human vulnerability and the emotions, the capabilities approach to development, and the politics of fear. It does not mention sexuality, marriage or family law.
InterpretationThe prize rewarded a philosopher who carries argument out of the academy. This book is a compact case of that habit: an economic reading (Richard Posner), a constitutional one (Cass Sunstein) and a natural-law one (Paul Weithman) argue in one volume. What the announcement leaves out is that her public reach also runs through law, sexuality and the family.
Three questions this desk brings to a close reading, not the book’s own words: what evidence supports a claim about desire or families; what makes a preference or an institution unjust; and what further step turns that into a law.
What the prize announcement named
- The Fragility of Goodness
- Love’s Knowledge
- Frontiers of Justice
- Women and Human Development
- Creating Capabilities
- Upheavals of Thought
- Anger and Forgiveness
- The Monarchy of Fear
Titles as the Berggruen Institute announcement lists them, 2018.
In 2015 the Supreme Court changed the rules the closing essay starts from.
Nussbaum’s commentary opens on a 1997 United States in which lesbians and gay men could not marry. On 26 June 2015, in Obergefell v. Hodges, the Court required every state to license same-sex marriages and to recognize those made in other states.
InterpretationThat changes the setting; it does not refute a description of the earlier one. A ruling on marriage also leaves the book’s other questions, about care, equality and who counts as family, open.
We found no record of a retraction or a failed replication, and did not audit for one. The book holds no single empirical study that a later test could overturn.
The legal setting, then and now
The closing commentary describes institutional limits on same-sex lives, including that same-sex couples cannot marry.
Nussbaum, commentary, pp. 319 to 338 (opening)States must issue marriage licences to same-sex couples and recognize same-sex marriages performed elsewhere.
Obergefell v. Hodges, 576 U.S. 644, Parts III and IV
By 2022, 741,000 US households were same-sex married couples.
Nearly 1.5 million adults in the United States lived with a spouse of the same sex in 2022, says the Census Bureau. They were younger than spouses in opposite-sex marriages: 20.0 percent were aged 25 to 34, against 12.6 percent, and 14.6 percent were 65 or older, against 25.0. More had a degree: 52.9 percent against 41.2.
Later context, not a test of the book. The survey counts marriages involving the householder, its relationship categories changed in 2019, and its estimates carry sampling error.
Same-sex spouses are younger and hold more degrees
Share of spouses in each kind of marriage, United States, 2022. Source: US Census Bureau, ACSBR-020, Table 1, p. 2, total columns.
One book, one prize, and the record around them.
pieces in the book: 15 chapters and 2 commentaries, by 15 writers.
Oxford University Pressof its 329 pages written by Nussbaum.
OUP page rangesbooks named in the prize announcement. This one is not among them.
Berggruen Instituteyears from publication (1997) to the prize (2018).
OUP; Berggruen Instituteciting works linked by OpenAlex, a floor not a full count.
OpenAlex, 5 Nov 2026The 47 and 329 count each piece’s own pages and leave out part title pages. The OpenAlex count belongs to the online edition’s record only.