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The Limits of Consent by Lisa Featherstone,Cassandra Byrnes,Jenny Maturi,Kiara Minto,Renée Mickelburgh,Paige Donaghy Pdf
This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.
Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
The Limits of Consent by Oonagh Corrigan,John McMillan,Kathleen Liddell,Martin Richards,Charles Weijer Pdf
Since its inception as an international requirement to protect patients and healthy volunteers taking part in medical research, informed consent has become the primary consideration in research ethics. Despite the ubiquity of consent, however, scholars have begun to question its adequacy for contemporary biomedical research. The Limits of Consent explores this issue, reviewing the application of consent to genetic research, clinical trials, and research involving vulnerable populations. For example, in genetic research, information obtained from an autonomous research participant may have significant bearing on the interests of family members who have not consented to the study. This casts doubt on the adequacy of consent for such studies. The Limits of Consent also questions the assumptions that informed consent is essential and that it satisfactorily protects the principle of individual autonomy. It reviews recent empirical studies that challenge the possibility of truly informed consent and highlights the extent to which consent is governed by social norms and expectations. It also investigates how consent might be of secondary importance in some circumstances, for example when a research project appears to protect a public or community interest. Building on these observations, the authors make bold attempts to outline constructive solutions to the problems identified with perspectives from medicine, law, philosophy and sociology. This fascinating and provocative exploration of the limits of informed consent will appeal to ethicists, social scientists, health lawyers, clinical researchers, research ethics committee members, policy makers, and others with an interest in bioethics.
Tomorrow Sex Will Be Good Again by Katherine Angel Pdf
A provocative, elegantly written analysis of female desire, consent, and sexuality in the age of MeToo Women are in a bind. In the name of consent and empowerment, they must proclaim their desires clearly and confidently. Yet sex researchers suggest that women’s desire is often slow to emerge. And men are keen to insist that they know what women—and their bodies—want. Meanwhile, sexual violence abounds. How can women, in this environment, possibly know what they want? And why do we expect them to? In this elegant, searching book—spanning science and popular culture; pornography and literature; debates on Me-Too, consent and feminism—Katherine Angel challenges our assumptions about women’s desire. Why, she asks, should they be expected to know their desires? And how do we take sexual violence seriously, when not knowing what we want is key to both eroticism and personhood? In today’s crucial moment of renewed attention to violence and power, Angel urges that we remake our thinking about sex, pleasure, and autonomy without any illusions about perfect self-knowledge. Only then will we fulfil Michel Foucault’s teasing promise, in 1976, that “tomorrow sex will be good again.”
Terrance McConnell distinguishes between rights and specific inalienable rights as applied to medicine and the law. The main difference, he asserts, is that the possessor of an inalienable right cannot permit others to encroach on that right.
This book explains what inalienable rights are and how they restrict the behavior of their possessors. McConnell develops compelling arguments to support the inalienability of the right to life, the right of conscience, and a competent person's right not to have medical treatment administered without consent. Yet, surprisingly, he argues that the inalienability of the right to life does not entail that voluntary euthanasia or assisted suicide are wrong. This distinctive defense of inalienable rights will appeal to medical ethicists and other applied ethicists, political theorists, and philosophers of law.
The Limits of Consent by Lisa Featherstone,Cassandra Byrnes,Jenny Maturi,Kiara Minto,Renée Mickelburgh,Paige Donaghy Pdf
This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.
Facing the Limits of the Law by Erik Claes,Wouter Devroe,Bert Keirsbilck Pdf
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Author : Joseph J. Fischel Publisher : Univ of California Press Page : 280 pages File Size : 55,9 Mb Release : 2019-01-22 Category : Law ISBN : 9780520968172
When we talk about sex—whether great, good, bad, or unlawful—we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.
Author : James M. Buchanan Publisher : University of Chicago Press Page : 228 pages File Size : 41,8 Mb Release : 1975 Category : Business & Economics ISBN : 0226078205
"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.
“Consent” is a Molotov cocktail, flung at the face of the French establishment, a work of dazzling, highly controlled fury...By every conceivable metric, her book is a triumph.” -- The New York Times Already an international literary sensation, an intimate and powerful memoir of a young French teenage girl’s relationship with a famous, much older male writer—a universal #MeToo story of power, manipulation, trauma, recovery, and resiliency that exposes the hypocrisy of a culture that has allowed the sexual abuse of minors to occur unchecked. Sometimes, all it takes is a single voice to shatter the silence of complicity. Thirty years ago, Vanessa Springora was the teenage muse of one of the country’s most celebrated writers, a footnote in the narrative of a very influential man in the French literary world. At the end of 2019, as women around the world began to speak out, Vanessa, now in her forties and the director of one of France’s leading publishing houses, decided to reclaim her own story, offering her perspective of those events sharply known. Consent is the story of one precocious young girl’s stolen adolescence. Devastating in its honesty, Vanessa’s painstakingly memoir lays bare the cultural attitudes and circumstances that made it possible for a thirteen-year-old girl to become involved with a fifty-year-old man who happened to be a notable writer. As she recalls the events of her childhood and her seduction by one of her country’s most notable writers, Vanessa reflects on the ways in which this disturbing relationship changed and affected her as she grew older. Drawing parallels between children’s fairy tales and French history and her personal life, Vanessa offers an intimate and absorbing look at the meaning of love and consent and the toll of trauma and the power of healing in women’s lives. Ultimately, she offers a forceful indictment of a chauvinistic literary world that has for too long accepted and helped perpetuate gender inequality and the exploitation and sexual abuse of children. Translated from the French by Natasha Lehrer "...One of the belated truths that emerges from [Consent] is that Springora is a writer. [...]Her sentences gleam like metal; each chapter snaps shut with the clean brutality of a latch." -- The New Yorker "Consent [is] rapier-sharp, written with restraint, elegance and brevity." -- The Times (London) "[Consent] has something steely in its heart, and it departs from the typical American memoir of childhood abuse in exhilarating ways." -- Slate "Lucid and nuanced...[Consent] will speak to trauma survivors everywhere." -- Los Angeles Review of Books ”A piercing memoir about the sexually abusive relationship she endured at age 14 with a 50-year-old writer...This chilling account will linger with readers long after the last page is turned.” -- Publishers Weekly "Springora's lucid account is a commanding discussion of sexual abuse and victimization, and a powerful act of reclamation." -- Booklist "A chilling story of child abuse and the sophisticated Parisians who looked the other way...[Springora] is an elegant and perceptive writer." -- Kirkus
Consentability. Consent and Its Limits/Nancy S. Kim by Kim Nancy S. Pdf
"Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryogenics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent."--Provided by publisher.
Legal Violence and the Limits of the Law by Amy Swiffen,Joshua Nichols Pdf
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Author : Jack L. Goldsmith,Eric A. Posner Publisher : Oxford University Press Page : 272 pages File Size : 45,6 Mb Release : 2005-02-03 Category : Law ISBN : 9780199883370
The Limits of International Law by Jack L. Goldsmith,Eric A. Posner Pdf
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
