Sex and Capacity: The Management of Monsters?

The first consideration by a civil court of the test of capacity to engage in sexual relations – X City Council v MB, NB and MAB – is as recent as 2005. This article places this and subsequent cases in the historical context of the way in which the law has constructed the sexuality of persons with intellectual impairment. The article argues that, beginning with a series of rape cases in the mid to late nineteenth century, which recognised the concept of consent given through the expression of animal instincts, the law has accepted and deployed a model of intellectual impairment which understands expressions of sexuality in terms of an increasingly unstable opposition between vulnerability and danger, understood as the presence or absence of instinct, and as indicating an underlying ‘monstrosity’. The article argues that the historical continuity apparent in the modern case law is unfortunate and should be rectified.     

Susan Gellman has it right

Michael Tonry, Sentencing Matters (New York: Oxford University Press, 1996, 240pp.     

ibn Kenyatta,poems for an imperiled world

Scott Lash and John Urry, THE END OF ORGANIZED CAPITALISM (Madison: University of Wisconsin Press, 1987)

Michael E. Porter, THE COMPETITIVE ADVANTAGE OF NATIONS (New York: The Free Press, 1990)

Alice Teichova, Maurice Lévy‐Leboyer and Helga Nussbaum, eds., MULTINATIONAL ENTERPRISE IN HISTORICAL PERSPECTIVE (New York: Cambridge University Press, 1989)     

Whither Individualism?

Peter Lawler intelligently challenges conservatives to make the best of Lockean individualism, to recognize its natural limits and its debt to Christianity, and he downplays Tocqueville’s concern that a loss of virtue must lead to a rise in statism. But he does not see clearly enough that individualism and statism have always been two sides of the same coin, or that the Christian pedigree of Lockean individualism is not necessarily good news. It is true enough that individual liberty will always depend upon virtue, but it does not follow that liberty will always generate virtue. If the failure of virtue does not lead to statism, then where it does lead may still not be very pretty.     

Modernization and counter-revolution in Thailand

Abstract

Thailand is now the linchpin in America’s Asia. As revolutionaries in Indochina continue to force a reduction of U.S. ground troops in Asia and as Washington’s commitment to Taiwan weakens, Thailand assumes increasing strategic importance for current American counterrevolutionary operations in continental Asia. This development extends a general trend which began in the early 1950s.