Consent
Domestic and Comparative Perspectives
1st Edition
Published on 14. October 2016
454 pages
978-1-317-16191-2 (ISBN)
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.
Reviews / Votes
'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
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Product notice
Reflowable
File size
2,45 MB
ISBN-13
978-1-317-16191-2 (9781317161912)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
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Consent
Domestic and Comparative Perspectives
Book
11/2016
Taylor & Francis
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Book
10/2016
1st Edition
Routledge
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Persons
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
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
Content
Contents
Notes on Contributors
Preface
Introduction
PART I
1 Distinguishing sex from sexual violation: Consent, negotiation and freedom to negotiate
Tanya Palmer
2 Relational Autonomy and Consent
Jonathan Herring
3 The Relationship between Capacity and Consent
Claire De Than and Jesse Elvin
4 Attacks on the Mind and the Legal Limits of the Seduction Industry
Gavin Byrne and John Child
5 Consenting to Personal Injury
William Wilson
6 Assault, Strangulation and Murder - Challenging the Sexual Libido Consent Defence Narrative
Susan Edwards
7 Contributory Negligence and Consent
Verity Adams
8 CAVEAT AMATOR: Transmission of HIV and the Parameters of Consent and Bad Character Evidence
Alan Reed and Emma Smith
9 Deciding to Die and Help with Dying: What Can and Cannot be Done in England and Wales.
Bob Sullivan
10 The 'Higher' Age of Consent and the concept of Sexual Exploitation
Alisdair Gillespie and Suzanne Ost
11 Consent: Revisiting the Exemption for Contact Sports
Mark James
12 Finding Free Agreement: The Meaning of Consent in Sexual Offences in Scots Criminal Law
Claire McDiarmid
13 Consent in Irish Law
John Stannard
PART II
1 South Africa
Gerhard Kemp
2 Australia
Mirko Bagaric
3 Germany
Kai Ambos and Stefanie Bock
4 Islamic Law
Mohammad Hedeyati-Kakhki
5 Netherlands
Anne Postma
6 New Zealand
Julia Tolmie
7 USA
Vera Bergelson
8 Turkey
Murat Onoek
9 France
Dimitrios Giannoulopoulos and Raphaele Parizot
10 Spain
Mario Maraver Gomez and Manuel Cancio Melia
11 Sweden
Petter Asp and Magnus Ulvaeng
Notes on Contributors
Preface
Introduction
PART I
1 Distinguishing sex from sexual violation: Consent, negotiation and freedom to negotiate
Tanya Palmer
2 Relational Autonomy and Consent
Jonathan Herring
3 The Relationship between Capacity and Consent
Claire De Than and Jesse Elvin
4 Attacks on the Mind and the Legal Limits of the Seduction Industry
Gavin Byrne and John Child
5 Consenting to Personal Injury
William Wilson
6 Assault, Strangulation and Murder - Challenging the Sexual Libido Consent Defence Narrative
Susan Edwards
7 Contributory Negligence and Consent
Verity Adams
8 CAVEAT AMATOR: Transmission of HIV and the Parameters of Consent and Bad Character Evidence
Alan Reed and Emma Smith
9 Deciding to Die and Help with Dying: What Can and Cannot be Done in England and Wales.
Bob Sullivan
10 The 'Higher' Age of Consent and the concept of Sexual Exploitation
Alisdair Gillespie and Suzanne Ost
11 Consent: Revisiting the Exemption for Contact Sports
Mark James
12 Finding Free Agreement: The Meaning of Consent in Sexual Offences in Scots Criminal Law
Claire McDiarmid
13 Consent in Irish Law
John Stannard
PART II
1 South Africa
Gerhard Kemp
2 Australia
Mirko Bagaric
3 Germany
Kai Ambos and Stefanie Bock
4 Islamic Law
Mohammad Hedeyati-Kakhki
5 Netherlands
Anne Postma
6 New Zealand
Julia Tolmie
7 USA
Vera Bergelson
8 Turkey
Murat Onoek
9 France
Dimitrios Giannoulopoulos and Raphaele Parizot
10 Spain
Mario Maraver Gomez and Manuel Cancio Melia
11 Sweden
Petter Asp and Magnus Ulvaeng
