1st Edition

Law and Consent Contesting the Common Sense

By Karla O'Regan Copyright 2020
238 Pages
by Routledge

238 Pages
by Routledge

238 Pages
by Routledge

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.... Read more

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

Biography

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