Disciplining the Unruly: Sexual outlaws, Little Sisters and the Legacy of Butler
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This article examines the legal regulation of sex and sexuality through two landmark cases: R v. Butler, and Little Sisters Bookstore and Art Emporium v. Canada. With a focus on the ruling and arguments in Little Sisters, this article addresses Criminal and Customs prohibitions on obscene materials as an exercise in disciplinary governance, and discusses its particular effects on gay and lesbian sexuality. The Butler decision upheld the constitutionality of Criminal obscenity provisions and created the ‘community standards test’ to determine what would be considered harmful and obscene. In little sisters, Customs regulations based on the criminal provisions are challenged as discriminatory towards gay and lesbian sexually explicit materials. This article evaluates the arguments against the Butler test submitted in the Little Sisters challenge, and ultimately agrees with their conception of Butler’s harm principle as a vague, conservative and majoritarian morality unfriendly to marginal sexual expression. Finally, the article concludes that the court’s attempt to discipline marginal sexual expression as reinforced in Little Sisters will be ineffective as these sexual subjects are not disciplining themselves but are continuing to struggle, and because previously marginal sexual expression is increasingly normalized by other discourses such as mainstream media.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it