Consent: Domestic and Comparative Perspectives

Name: Consent: Domestic and Comparative Perspectives
Brand: Routledge
SKU: 9781472469953
Price: 2143.70 HKD
Availability: InStock
Author: Alan Reed; Michael Bohlander; Nicola Wake; Emma Smith
ISBN: 9781472469953

Edited by Alan Reed · Michael Bohlander · Nicola Wake · Emma Smith

Routledge November 2016

Specifications

ISBN-13: 9781472469953
Publisher: Routledge
Publication: November 2016
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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