Obscenity law liberalised

2014 Protest outside parliament for sexual expression. Photo by BeeMarsh BeePhoto
December 2014 Protest outside parliament against sex censorship. Photo by BeeMarsh BeePhoto

This is a cross-post from my contribution to the Adam Smith Institute blog.

Last week the Crown Prosecution Service published updated guidance for prosecutions under the Obscene Publications Act (1959). Legal campaigning has brought about a big change: the liberal tests of harm, consent and legality of real acts are now key parts of their working definition of obscenity. The CPS explain:

… conduct will not likely fall to be prosecuted under the Act provided that:

  • It is consensual (focusing on full and freely exercised consent, and also where the provision of consent is made clear where such consent may not be easily determined from the material itself); and
  • No serious harm is caused
  • It is not otherwise inextricably linked with other criminality (so as to encourage emulation or fuelling interest or normalisation of criminality); and
  • The likely audience is not under 18 (having particular regard to where measures have been taken to ensure that the audience is not under 18) or otherwise vulnerable (as a result of their physical or mental health, the circumstances in which they may come to view the material, the circumstances which may cause the subject matter to have a particular impact or resonance or any other relevant circumstance).

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Nightcap

  1. Against HIPPster regulation Irfan Khawaja, Policy of Truth
  2. Is the “culture of poverty” functional? Bryan Caplan, EconLog
  3. A sex fiend Jacques Delacroix, NOL
  4. Do we have the historians we deserve? Branko Milanovic, globalinequality

Nightcap

  1. Conservatives, sex, and the aspirations of women Rachel Lu, Law & Liberty
  2. Hello Mars, farewell Mars Caleb Scharf, Life, Unbounded
  3. Terrorism justified: a response to Vicente Medina (Machiavelli) Irfan Khawaja, Policy of Truth
  4. The third gender of southern Mexico Ola Synowiec, BBC

Nightcap

  1. The passion for a kind of justice born of righteous rage Waller Newell, Claremont Review of Books
  2. Zbigniew Brzezinski’s Cold War: Less Than Grand Strategy Andrew Bacevich, the Nation
  3. No, Sex Wasn’t Better for Women Under Socialism Cathy Young, Reason
  4. I am Ashurbanipal, king of the world, king of Assyria Samuel Reilly, 1843

New Books: Philosophy of the Novel, French conquests

Just wanted to call your attention to Barry‘s newest book, Philosophy of the Novel. Here’s a description:

This book explores the aesthetics of the novel from the perspective of Continental European philosophy, presenting a theory on the philosophical definition and importance of the novel as a literary genre. It analyses a variety of individuals whose work is reflected in both theoretical literary criticism and Continental European aesthetics, including Mikhail Bakhtin, Georg Lukács, Theodor Adorno, and Walter Benjamin. Moving through material from eighteenth century and ancient Greek philosophy and aesthetics, the book provides comprehensive coverage of the major positions on the philosophy of the novel. Distinctive features include the importance of Vico’s view of the epic to understanding the novel, the importance of Kierkegaard’s view of the novel and irony along with his other aesthetic views, the different possibilities associated with seeing the novel as ‘mimetic’ and the importance of Proust in understanding the genre in all its philosophical aspects, relating the issue of the philosophical aesthetics of the novel with the issue of philosophy written as a novel and the interaction between these two alternative positions.

Barry has more on liberty and the novel here and here.

Jacques has a new book out, too, titled Indecent Stories by Decent Women. It’s under a pen name, John René Adolph, for obvious reasons. Here is a 2014 essay by Jacques titled “Why Young Women Are Stupid (If They Are): A Scientific Inquiry.”

Nightcap

  1. Checks and Balances Jonathan Adler, Volokh Conspiracy
  2. Trump’s relationship with Fox News starts to show cracks Rebecca Morin, Politico
  3. Italy versus the EU (again) Alberto Mingardi, EconLog
  4. How technology and masturbation tamed the sexual revolution Ross Douthat, New York Times