Law And Consent
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Consent In The Law
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Author : Deryck Beyleveld
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-01-26
Consent In The Law written by Deryck Beyleveld and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-26 with Law categories.
In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application.
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.
Legal Aspects Of Consent
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Author : Bridgit Dimond
language : en
Publisher:
Release Date : 2009-01-01
Legal Aspects Of Consent written by Bridgit Dimond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Informed consent (Medical law) categories.
Shows the changes in legislation on consent in the medical and healthcare setting. This book explores the law relating to consent, covering both the general principles where the patient is a mentally competent adult, and also the specialist areas of mental incapacity, children and parents. It is suitable for various health professionals.
Informed Consent
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Author : Jessica W. Berg
language : en
Publisher: Oxford University Press
Release Date : 2001-07-12
Informed Consent written by Jessica W. Berg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-07-12 with Medical categories.
Informed consent - as an ethical ideal and legal doctrine - has been the source of much concern to clinicians. Drawing on a diverse set of backgrounds and two decades of research in clinical settings, the authors - a lawyer, a physician, a social scientist, and a philosopher - help clinicians understand and cope with their legal obligations and show how the proper handling of informed consent can improve , rather than impede, patient care. Following a concise review of the ethical and legal foundations of informed consent, they provide detailed, practical suggestions for incorporating informed consent into clinical practice. This completely revised and updated edition discusses how to handle informed consent in all phases of the doctor-patient relationship, use of consent forms, patients' refusals of treatment, and consent to research. It comments on recent laws and national policy, and addresses cutting edge issues, such as fulfilling physician obligations under managed care. This clear and succinct book contains a wealth of information that will not only help clinicians meet the legal requirements of informed consent and understand its ethical underpinnings, but also enhance their ability to deal with their patients more effectively. It will be of value to all those working in areas where issues of informed consent are likely to arise, including medicine, biomedical research, mental health care, nursing, dentistry, biomedical ethics, and law.
The Law Of Consent To Medical Treatment
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Author : A. Hockton
language : en
Publisher:
Release Date : 1999
The Law Of Consent To Medical Treatment written by A. Hockton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
The Logic Of Consent
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Author : Peter Westen
language : en
Publisher: Routledge
Release Date : 2017-03-02
The Logic Of Consent written by Peter Westen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
The Ethics Of Consent
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Author : Franklin Miller
language : en
Publisher: Oxford University Press
Release Date : 2010
The Ethics Of Consent written by Franklin Miller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
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.
The Canadian Law Of Consent To Treatment
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Author : Lorne Elkin Rozovsky
language : en
Publisher: Scarborough, Ont. : Butterworths Canada
Release Date : 1990
The Canadian Law Of Consent To Treatment written by Lorne Elkin Rozovsky and has been published by Scarborough, Ont. : Butterworths Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
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.