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 i...
| Publicado en: | Modern Law Review Vol. 76; no. 6; pp. 981 - 1010 |
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| Formato: | Artículo |
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Wiley-Blackwell
Nov2013
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=91734779&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 91734779 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2013 vid: 76 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 91734779 10.1111/1468-2230.12045 ppf: 981 ppct: 29 formats: fmt: – @attributes: type: T – @attributes: type: P size: 191KB tig: atl: Sex and Capacity: The Management of Monsters? aug: au: Sandland, Ralph su: Human sexuality & law Capacity (Law) Rape lawsuits Sex crimes Actions & defenses (Law) Civil law Women with intellectual disabilities Great Britain. High Court of Justice Status (Law) United Kingdom sug: subj: United Kingdom Human sexuality & law Capacity (Law) Rape lawsuits Sex crimes Actions & defenses (Law) Civil law Women with intellectual disabilities Great Britain. High Court of Justice Status (Law) keyword: capacity danger intellectual impairment sex vulnerability ab: 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. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2013 holdings: @attributes: islocal: N |
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