Consent Domestic and Comparative Perspectives
Innbundet /
2016
/ Engelsk
Produktdetaljer
ISBN
9781472469953
Publisert
2016-10-28
Utgiver
Vendor
Routledge
Vekt
940 gr
Høyde
246 mm
Bredde
174 mm
Aldersnivå
G, U, 01, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
454
Biographical note
Alan Reed is Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School
Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia
Dr Nicola Wake is Associate Professor of Law at Northumbria University
Emma Smith is a Lecturer in Law, and has a number of leading outputs in the areas of Criminal Law and Evidence
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.
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ContentsNotes on ContributorsPrefaceIntroductionPART I1 Distinguishing sex from sexual violation: Consent, negotiation and freedom to negotiateTanya Palmer2 Relational Autonomy and ConsentJonathan Herring3 The Relationship between Capacity and ConsentClaire De Than and Jesse Elvin4 Attacks on the Mind and the Legal Limits of the Seduction IndustryGavin Byrne and John Child5 Consenting to Personal InjuryWilliam Wilson6 Assault, Strangulation and Murder – Challenging the Sexual Libido Consent Defence NarrativeSusan Edwards7 Contributory Negligence and ConsentVerity Adams8 CAVEAT AMATOR: Transmission of HIV and the Parameters of Consent and Bad Character Evidence Alan Reed and Emma Smith9 Deciding to Die and Help with Dying: What Can and Cannot be Done in England and Wales.Bob Sullivan10 The ‘Higher’ Age of Consent and the concept of Sexual ExploitationAlisdair Gillespie and Suzanne Ost11 Consent: Revisiting the Exemption for Contact SportsMark James12 Finding Free Agreement: The Meaning of Consent in Sexual Offences in Scots Criminal LawClaire McDiarmid13 Consent in Irish LawJohn StannardPART II1 South AfricaGerhard Kemp2 AustraliaMirko Bagaric3 GermanyKai Ambos and Stefanie Bock4 Islamic LawMohammad Hedeyati-Kakhki5 NetherlandsAnne Postma6 New ZealandJulia Tolmie7 USAVera Bergelson8 TurkeyMurat Onök9 FranceDimitrios Giannoulopoulos and Raphaële Parizot10 Spain Mario Maraver Gómez and Manuel Cancio Meliá11 SwedenPetter Asp and Magnus Ulväng
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'Autonomy is so vital to personal integrity that protection is paramount, yet what constitutes valid consent and what can be consented to are highly contested. This collection addresses both concerns head on. It provides a sustained, theoretically-informed, comparative analysis of one of the most troublesome areas of criminal law.'Professor Gavin Dingwall, De Montfort University, Leicester, UK 'I very much welcome the publication of this rich study on the multifaceted concept of consent in criminal law. Its extensive comparative analysis provides a broad and extremely useful overview on a fundamental issue which is at the core of many debates not only before domestic courts but also before international jurisdictions.' Judge Jean-Marc Lavergne, Extraordinary Chambers in the Courts of Cambodia, Phnom Penh
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Produktdetaljer
ISBN
9781472469953
Publisert
2016-10-28
Utgiver
Vendor
Routledge
Vekt
940 gr
Høyde
246 mm
Bredde
174 mm
Aldersnivå
G, U, 01, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
454
Biographical note
Alan Reed is Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School
Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia
Dr Nicola Wake is Associate Professor of Law at Northumbria University
Emma Smith is a Lecturer in Law, and has a number of leading outputs in the areas of Criminal Law and Evidence