ENGLISH

Consent: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

By Alan Reed (editor) , Michael Bohlander (editor) , Nicola Wake (editor) , Emma Smith (editor)

Book information

Publisher
Routledge
Year
2016
ISBN
147246995X, 9781472469953
Language
english
Format
PDF
Filesize
4 MB (3789934 bytes)
Edition
1
Pages
454\455
Time added
2022-01-22 06:34:22

Description

This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion. Cover Title Copyright Contents Notes on contributors Preface Introduction Part I 1 Distinguishing sex from sexual violation: Consent, negotiation and freedom to negotiate 2 Relational autonomy and consent 3 The relationship between capacity and consent 4 Attacks on the mind and the legal limits of the seduction industry 5 Consenting to personal injury 6 Assault, strangulation and murder – Challenging the sexual libido consent defence narrative 7 Contributory negligence and consent 8 Caveat Amator: Transmission of HIV and the parameters of consent and bad character evidence 9 Deciding to die and help with dying: What can and cannot be done in England and Wales 10 The ‘higher’ age of consent and the concept of sexual exploitation 11 Consent: Revisiting the exemption for contact sports 12 Finding free agreement: The meaning of consent in sexual offences in Scots criminal law 13 Consent in Irish law Part II 14 South Africa 15 Australia 16 Germany 17 Islamic law 18 The Netherlands 19 New Zealand 20 United States of America 21 Turkey 22 France 23 Spain 24 Sweden Index

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