Overview

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.

Full Product Details

Author:   Karla O'Regan
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.344kg
ISBN:  

9780367785635

ISBN 10:   0367785633
Pages:   224
Publication Date:   31 March 2021
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

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

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Author Information

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

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