Bronitt, Simon (2001). Sex. In Tony Blackshield, Michael Coper and George Williams (Ed.), Oxford Companion to the High Court of Australia (pp. 620-622) South Melbourne, VIC, Australia: Oxford University Press. doi:10.1093/acref/9780195540222.001.0001

Author Bronitt, Simon
Title of chapter Sex
Title of book Oxford Companion to the High Court of Australia
Place of Publication South Melbourne, VIC, Australia
Publisher Oxford University Press
Publication Year 2001
Sub-type Research book chapter (original research)
DOI 10.1093/acref/9780195540222.001.0001
ISBN 0195540220
Editor Tony Blackshield
Michael Coper
George Williams
Start page 620
End page 622
Total pages 3
Total chapters 1
Language eng
Formatted Abstract/Summary
The High Court has addressed the topic of sexual conduct in a variety of legal contexts... An examination of the High Court's judgments dealing with sex reveals a changed focus on the interests at stake. In early cases, the cultural reference point for distinguishing between licit and illicit sex was marriage and marital status. In later cases, the Court's attention shifts to protecting sexual autonomy. It is on the liberal concepts of consent and the prevention of sexual harm to others, rather than traditional Christian morals, that the Court's jurisprudence on sex now concentrates. The Court's capacity to continue to shape the law of sexual offences and obscenity by reference to those liberal concepts may, however, be constrained by legislative changes arising more as a response to the political demands of radical feminism or moral conservatism than by reference to legal principle.
Q-Index Code B1
Q-Index Status Provisional Code
Institutional Status Unknown

Document type: Book Chapter
Collection: TC Beirne School of Law Publications
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Tue, 24 Jun 2014, 00:23:33 EST by Carmen Buttery on behalf of T.C. Beirne School of Law