Law And Consent
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Law And Consent
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Author : Karla O'Regan
language : en
Publisher:
Release Date : 2020
Law And Consent written by Karla O'Regan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Consent (Law). categories.
Consent is everywhere. It regulates our relationships with social and political institutions, with one another, and even with our own bodies. The wide variety of issues that consent is assigned to adjudicate suggests that it means - and does - different things in different contexts. This stands in stark contrast to the 'common sense' claim that is often made about consent as a story of universal freedom, a tale of free will and inalienable agency. The common sense of consent is that it is, and has always been, about autonomy. But has it? Has consent ever had other meanings, in other contexts or time periods? What is achieved when the meaning of consent is positioned as a matter of 'common sense'? What does this apparent transparency keep obscure? Moreover, is personal autonomy the outcome of consent laws today? Or is this promise of freedom simply an illusion? What happens to the laws and norms that govern our relationships with one another when this 'magic' of consent is tested? 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 kind of personal freedom or agency. The book explores the implications of this counter-narrative for a number of contemporary legal fields, including criminal, medical, and private law, 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. ion 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 kind of personal freedom or agency. The book explores the implications of this counter-narrative for a number of contemporary legal fields, including criminal, medical, and private law, 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.
Autonomy Consent And The Law
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Author : Sheila A.M. McLean
language : en
Publisher: Routledge
Release Date : 2009-09-10
Autonomy Consent And The Law written by Sheila A.M. McLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
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.
Consent Stealthing And Desire Based Contracting In The Criminal Law
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Author : Brianna Jade Chesser
language : en
Publisher:
Release Date : 2021-12
Consent Stealthing And Desire Based Contracting In The Criminal Law written by Brianna Jade Chesser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12 with Rape 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"--
International Law And Civil Wars
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Author : Eliav Lieblich
language : en
Publisher: Routledge
Release Date : 2013-03-05
International Law And Civil Wars written by Eliav Lieblich and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-05 with Law categories.
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Choice And Consent
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Author : Rosemary Hunter
language : en
Publisher: Routledge
Release Date : 2007-12-04
Choice And Consent written by Rosemary Hunter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-04 with Law categories.
This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
Consent To Sexual Relations
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Author : Alan Wertheimer
language : en
Publisher: Cambridge University Press
Release Date : 2003-09-18
Consent To Sexual Relations written by Alan Wertheimer 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 2003-09-18 with Law categories.
An important discussion of philosophical issues surrounding consent to sexual relations.
Autonomy Informed Consent And Medical Law
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Author : Alasdair Maclean
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-12
Autonomy Informed Consent And Medical Law written by Alasdair Maclean 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 2009-02-12 with Law categories.
Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
Implied Consent And Sexual Assault
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Author : Michael Plaxton
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2015-11-01
Implied Consent And Sexual Assault written by Michael Plaxton and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-01 with Law categories.
In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.
Consent In International Arbitration
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Author : Andrea M. Steingruber
language : en
Publisher: OUP Oxford
Release Date : 2012-03-15
Consent In International Arbitration written by Andrea M. Steingruber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Law categories.
Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions. Whilst considering the evolution of arbitration and its consensual nature - enlargement of the parties' freedom to consent to arbitration, and development from commercial arbitration to investment arbitration - it addresses important theoretical questions to offer practical solutions. These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties' consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses. The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.