Consent And Its Consequences
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Consent And Its Consequences
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Author : Jacqueline L. Colby
language : en
Publisher:
Release Date : 1993
Consent And Its Consequences written by Jacqueline L. Colby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Informed consent (Medical law) categories.
The Consequences Of Consent
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Author : Benjamin Ginsberg
language : en
Publisher:
Release Date : 1982
The Consequences Of Consent written by Benjamin Ginsberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Representative government and representation categories.
Law And Consent
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Author : Karla O'Regan
language : en
Publisher: Routledge
Release Date : 2021-03-31
Law And Consent written by Karla O'Regan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-31 with Consent (Law) categories.
Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy - but has it? Beginning with an overview of consent's role in law today, this book investigates the doctrine's inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law's contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.
An Analysis Of The Law Concerning Nformed Consent And Its Effect In South Australian Law
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Author :
language : en
Publisher:
Release Date : 1985
An Analysis Of The Law Concerning Nformed Consent And Its Effect In South Australian Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with categories.
Consequences Of Impaired Consent Transfers
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Author : Birke Häcker
language : en
Publisher: Mohr Siebeck
Release Date : 2009
Consequences Of Impaired Consent Transfers written by Birke Häcker and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Birke Hacker explores the English and German law on impaired consent transfers of movable property and their reversal in comparative perspective, paying particular attention to the interaction - within each legal system - between the rules and principles of contract law, property law, and the law of unjust(ified) enrichment. In two-party situations, the author focuses on the relationship between contract and conveyance and the closely related question of the transferor's position in the event of the transferee's insolvency. While German law resolves these issues by reference to the well-established principles of separation and abstraction, the relevant English law is still unsettled. The author argues for a generalized power model of so-called 'proprietary restitution' and seeks to demonstrate that conveyances by delivery are best regarded as abstract in English as well as in German law, but explains why English law nevertheless lacks the gist of abstraction a la BGB. Building on this analysis, the author then goes on to examine three-party situations. She looks first at the position of third parties who have acquired the object in question before the transferor has had a chance to reclaim it (raising issues of bona fide purchase and 'leapfrogging') and thereafter at the extent to which the transferor can assert rights to the object's traceable substitutes. As far as English law is concerned, the author shows that the supposed 'third party rights bar to rescission' is not only unnecessary, but misconceived, and that it ought to be abolished.
Making Health Care Decisions
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Author : United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research
language : en
Publisher:
Release Date : 1982
Making Health Care Decisions written by United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Informed consent (Medical law) categories.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
By Birth Or Consent
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Author : Holly Brewer
language : en
Publisher: UNC Press Books
Release Date : 2012-12-01
By Birth Or Consent written by Holly Brewer and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with History categories.
In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.
Consent Stealthing And Desire Based Contracting In The Criminal Law
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Author : Brianna Chesser
language : en
Publisher: Routledge
Release Date : 2021-12-24
Consent Stealthing And Desire Based Contracting In The Criminal Law written by Brianna Chesser and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-24 with Law categories.
Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
Making Health Care Decisions
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Author : United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research
language : en
Publisher:
Release Date : 1982
Making Health Care Decisions written by United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Informed consent (Medical law) categories.