Law and Consent: Contesting the Common Sense

Author: Karla M. O'Regan
Publisher: Routledge
ISBN: 9781138612501

Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367785635

List Price: HKD 2,015.00

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Description
Contents

Details

Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy - but has it? Beginning with an overview of consent's role in law today, this book investigates the doctrine's inseparable association with personal autonomy and its effect in producing both idealized and demonized forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law’s contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself.

This book will be of interest to scholars of many aspects of law, history, and feminism, as well as students of criminal law, bioethics, and political theory.

List of Abbreviations

Introduction

Law & Consent: A Tale of Contradictions

Consent’s Autonomy Story

Methodology: A Juridical Genealogy of Consent

Charting the Course: A Chapter Outline

Chapter 1: The Common Sense of consent

Mediated Magic: Paternalism and its Paradox

The Parameters of Consent: Productive Preconditions

Voluntariness

Knowledge

Rationality