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Consent: Domestic and Comparative Perspectives

Consent: Domestic and Comparative Perspectives

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367595876
  • 出版时间 June 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781472469953
¥469.06
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  • 描述 
  • 大纲 
  • 详细

    This volume presents a leading contribution to the law relating to Consent in the criminal law. In broad terms, the ambit of legally valid consent in law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent.

    The 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. It engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and contrasts these 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 will stimulate and inform that debate. This collection will be a major source of reference for future discussion.

  • 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 Onök
    9.
    France
    Dimitrios Giannoulopoulos and Raphaële Parizot
    10.
    Spain
    Mario Maraver Gómez and Manuel Cancio Meliá
    11.
    Sweden
    Petter Asp and Magnus Ulväng

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