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The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1100

ISBN-13: 0191654604

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Consent, Stealthing and Desire-Based Contracting in the Criminal Law

Author: Brianna Chesser

Publisher: Routledge

Published: 2021-12-24

Total Pages: 105

ISBN-13: 1000537927

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Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.

Implied Consent and Sexual Assault

Author: Michael Plaxton

Publisher: McGill-Queen's Press - MQUP

Published: 2015

Total Pages: 281

ISBN-13: 0773546197

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In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.

By Birth or Consent

Author: Holly Brewer

Publisher: UNC Press Books

Published: 2012-12-01

Total Pages: 408

ISBN-13: 0807839124

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In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Autonomy, Consent and the Law

Author: Sheila A.M. McLean

Publisher: Routledge

Published: 2009-09-10

Total Pages: 244

ISBN-13: 1135219052

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The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.

Consent to Sexual Relations

Author: Alan Wertheimer

Publisher: Cambridge University Press

Published: 2003-09-18

Total Pages: 314

ISBN-13: 9780521536110

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An important discussion of philosophical issues surrounding consent to sexual relations.

The Wiley Handbook of Healthcare Treatment Engagement

Author: Andrew Hadler

Publisher: John Wiley & Sons

Published: 2020-01-30

Total Pages: 550

ISBN-13: 1119129524

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Against a global backdrop of problematic adherence to medical treatment, this volume addresses and provides practical solutions to the simple question: “Why don’t patients take treatments that could save their lives?” The Wiley handbook of Healthcare Treatment Engagement offers a guide to the theory, research and clinical practice of promoting patient engagement in healthcare treatment at individual, organizational and systems levels. The concept of treatment engagement, as explained within the text, promotes a broader view than the related concept of treatment adherence. Treatment engagement encompasses more readily the lifestyle factors which may impact healthcare outcomes as much as medication-taking, as well as practical, economic and cultural factors which may determine access to treatment. Over a span of 32 chapters, an international panel of expert authors address this far-reaching and fascinating field, describing a broad range of evidence-based approaches which stand to improve clinical services and treatment outcomes, as well as the experience of users of healthcare service and practitioners alike. This comprehensive volume adopts an interdisciplinary approach to offer an understanding of the factors governing our healthcare systems and the motivations and behaviors of patients, clinicians and organizations. Presented in a user-friendly format for quick reference, the text first supports the reader’s understanding by exploring background topics such as the considerable impact of sub-optimal treatment adherence on healthcare outcomes, before describing practical clinical approaches to promote engagement in treatment, including chapters referring to specific patient populations. The text recognizes the support which may be required throughout the depth of each healthcare organization to promote patient engagement, and in the final section of the book, describes approaches to inform the development of healthcare services with which patients will be more likely to seek to engage. This important book: Provides a comprehensive summary of practical approaches developed across a wide range of clinical settings, integrating research findings and clinical literature from a variety of disciplines Introduces and compliments existing approaches to improve communication in healthcare settings and promote patient choice in planning treatment Presents a range of proven clinical solutions that will appeal to those seeking to improve outcomes on a budget Written for health professionals from all disciplines of clinical practice, as well as service planners and policy makers, The Wiley Handbook of Healthcare Treatment Engagement is a comprehensive guide for individual practitioners and organizations alike.

The Canadian Law of Consent to Treatment

Author: Lorne Elkin Rozovsky

Publisher: Scarborough, Ont. : Butterworths Canada

Published: 1990

Total Pages: 182

ISBN-13:

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Informed Consent to Psychoanalysis

Author: Elyn R. Saks

Publisher: Fordham Univ Press

Published: 2013-02-19

Total Pages: 142

ISBN-13: 0823249786

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The goal of this book is to shed psychoanalytic light on a concept—informed consent—that has transformed the delivery of health care in the United States. Examining the concept of informed consent in the context of psychoanalysis, the book first summarizes the law and literature on this topic. Is informed consent required as a matter of positive law? Apart from statutes and cases, what do the professional organizations say about this? Second, the book looks at informed consent as a theoretical matter. It addresses such questions as: What would be the elements of a robust informed consent in psychoanalysis? Is informed consent even possible here? Can patients really understand, say, transference or regression before they experience them, and is it too late once they have? Is informed consent therapeutic or countertherapeutic? Can a “process view” of informed consent make sense here? Third, the book reviews data on the topic. A lengthy questionnaire answered by sixty-two analysts reveals their practices in this regard. Do they obtain a statement of informed consent from their patients? What do they disclose? Why do they disclose it? Do they think it is possible to obtain informed consent in psychoanalysis at all? Do they think the practice is therapeutic or countertherapeutic, and in what ways? Do they think there should or should not be an informed consent requirement for psychoanalysis? The book should appeal above all to therapists interested in the ethical dimensions of their practice.