Muutke küpsiste eelistusi

E-raamat: Law and Consent: Contesting the Common Sense [Taylor & Francis e-raamat]

  • Formaat: 224 pages
  • Ilmumisaeg: 31-Mar-2021
  • Kirjastus: Routledge
  • ISBN-13: 9780429465017
  • Taylor & Francis e-raamat
  • Hind: 189,26 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 270,37 €
  • Säästad 30%
  • Formaat: 224 pages
  • Ilmumisaeg: 31-Mar-2021
  • Kirjastus: Routledge
  • ISBN-13: 9780429465017
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 consents role in law today, this book investigates





the doctrines 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





laws 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.
TABLE OF CONTENTS



List of Abbreviations

Introduction



Law & Consent: A Tale of Contradictions



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