1st Edition

Law and Consent
Contesting the Common Sense





ISBN 9780367785635
Published March 31, 2021 by Routledge
238 Pages

USD $48.95

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Book Description

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.

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(s)

Biography

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