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Consent: Domestic and Comparative Perspectives: Substantive Issues in Criminal Law

Editat de Alan Reed, Michael Bohlander, Nicola Wake, Emma Smith
en Limba Engleză Paperback – 30 iun 2020
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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Specificații

ISBN-13: 9780367595876
ISBN-10: 0367595877
Pagini: 454
Dimensiuni: 174 x 246 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Substantive Issues in Criminal Law

Locul publicării:Oxford, United Kingdom

Cuprins

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 Onök


9 France


Dimitrios Giannoulopoulos and Raphaële Parizot


10 Spain


Mario Maraver Gómez and Manuel Cancio Meliá


11 Sweden


Petter Asp and Magnus Ulväng




 

Notă biografică

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



Recenzii

'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

Descriere

This book provides a logical template to focus the debate around consent in criminal law. The work includes an examination of UK provisions, contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider b