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Author: Peter Westen
Publisher: Routledge
ISBN: 1351886487
Category : Law
Languages : en
Pages : 417
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Book Description
The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
Author: Peter Westen
Publisher: Routledge
ISBN: 1351886487
Category : Law
Languages : en
Pages : 417
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Book Description
The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
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 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.
Author: George Monbiot
Publisher: HarperCollins UK
ISBN: 0007379544
Category : Political Science
Languages : en
Pages : 30
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Book Description
A manifesto for a new world order.
Author: Thomas Grisso
Publisher:
ISBN: 9780195103724
Category : Education
Languages : en
Pages : 246
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Book Description
This is a concise guidebook to the assessment of patients' capacities to consent to treatment. It will help clinicians focus on the abilities that are relevant to legal definitions of competence to consent to medical and psychological treatment. With excellent case vignettes, the authors show how the interview process is carried out and offer strategies for responding to patients with limited capacities.
Author: Eugenia Cheng
Publisher: Basic Books
ISBN: 154167250X
Category : Mathematics
Languages : en
Pages : 296
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Book Description
How both logical and emotional reasoning can help us live better in our post-truth world In a world where fake news stories change election outcomes, has rationality become futile? In The Art of Logic in an Illogical World, Eugenia Cheng throws a lifeline to readers drowning in the illogic of contemporary life. Cheng is a mathematician, so she knows how to make an airtight argument. But even for her, logic sometimes falls prey to emotion, which is why she still fears flying and eats more cookies than she should. If a mathematician can't be logical, what are we to do? In this book, Cheng reveals the inner workings and limitations of logic, and explains why alogic -- for example, emotion -- is vital to how we think and communicate. Cheng shows us how to use logic and alogic together to navigate a world awash in bigotry, mansplaining, and manipulative memes. Insightful, useful, and funny, this essential book is for anyone who wants to think more clearly.
Author: Franklin Miller
Publisher: Oxford University Press
ISBN: 0195335147
Category : Law
Languages : en
Pages : 431
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Book Description
Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
Author: Sophie Franklin
Publisher: Taylor & Francis
ISBN: 1003815243
Category : Social Science
Languages : en
Pages : 235
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Book Description
Consent: Legacies, Representations, and Frameworks for the Future examines the conceptualisation of ‘consent’ across various historical periods, cultures, and disciplines to offer an expansive, pluralistic vision for future articulations of consent as it circulates throughout contemporary life in sexual encounters, medical contexts, and media representations. This volume is distinctive in its diverse conceptual scope and commitment to cross-disciplinary dialogue, accommodating perspectives on consent that are contextually sensitive and culturally diverse. The chapters examine a range of topics, from socio-cultural engagements with consent in Latin American music, feminist movements in Pakistan, and BDSM in Poland, to theoretical and pedagogical ones exploring alternative possibilities for framing and understanding consent through intersectional approaches and institutional curricula. Consent: Legacies, Representations, and Frameworks for the Future is of value to researchers, practitioners, undergraduate and postgraduate students, and general readers interested in histories, representations, and future possibilities of consent in its many manifestations. The Introduction and Afterword of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.
Author: James M. Buchanan
Publisher: University of Michigan Press
ISBN: 9780472061006
Category : Decision-making
Languages : en
Pages : 388
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Book Description
A scientific study of the political and economic factors influencing democratic decision making
Author: Franklin Miller
Publisher: Oxford University Press
ISBN: 019971505X
Category : Medical
Languages : en
Pages : 431
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Book Description
Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Category : Political Science
Languages : en
Pages : 1019
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Book Description
The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
