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Law and Consent: Contesting the Common Sense

Autor Karla O'Regan
en Limba Engleză Paperback – 31 mar 2021
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 idealised and demonised 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.
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Specificații

ISBN-13: 9780367785635
ISBN-10: 0367785633
Pagini: 238
Dimensiuni: 156 x 234 x 13 mm
Greutate: 0.34 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Cuprins

TABLE OF CONTENTS




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


Conceptualising the Common: Tacit consent & Intelligibility


Conclusion





Chapter 2: Ancient SEx


Regulating Sex Among the Ancients


Offences of hubris


Offences of bia/raptus


Offences of moicheia/stuprum


Ancient Outlaws: Unintelligible Acts


(Post)Modern Reflections


Conclusion





Chapter 3: Medieval Medicine


Medieval Medicine: A Monastic Enterprise


Regulating Access


Theory over Practice


Christian Alignment


Medieval Doctors & their Patients: A Match made in Heaven


the Medieval Doctor-Patient Relationship: ‘The Way, The Truth & the LIght’


Conclusion





Chapter 4: Modern Sport


Harmful Horseplay: Consent & Contact Sports


Foul Play: Fighting in Sports


‘No sissy stuff’: Harm & Hegemonic Masculinity in Sport


Capitalism with the Gloves off: Consent & Body Capital in Sport


Conclusion





Chapter 5: The Political Economy of Consent


Neoliberal Rationality: Touched by an Invisible Hand


The Market Rationality: An Origin-less Story


The Neoliberal Subject: A Normative Ontology


Consent within a Capitalist Logic: Revisiting Criminal & Medical Law


Social Utility in a Neoliberal World


The Capacity to Consent: An Act of Self-governance


Conclusion




Conclusion




Index

Notă biografică

Karla M. O'Regan is an Associate Professor of Criminology and Criminal Justice at St. Thomas University, Canada.

Descriere

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?