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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: 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: Vanessa Springora
Publisher: HarperCollins
ISBN: 0063047918
Category : Biography & Autobiography
Languages : en
Pages : 208
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Book Description
“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
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: Alan Wertheimer
Publisher: Cambridge University Press
ISBN: 9780521536110
Category : Law
Languages : en
Pages : 314
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Book Description
An important discussion of philosophical issues surrounding consent to sexual relations.
Author: A. Soeteman
Publisher: Springer Science & Business Media
ISBN: 9401578214
Category : Law
Languages : en
Pages : 339
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Book Description
The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Author: Don Herzog
Publisher:
ISBN: 9780226329253
Category : Consensus (Social sciences)
Languages : en
Pages : 293
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Book Description
So persuasive now as to be nearly invisible, consent theory posits humans as free agents, in whose individual choices must be sought the origin of political and social institutions. Herzog (political science, U. of Michigan) traces the birth of the theory to England in the 1600's, when the holistic view of society was becoming untenable. Very wittily written, and interesting to the general reader as well as the historian and social scientist. Paperback edition unseen. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Margaret Levi
Publisher: Cambridge University Press
ISBN: 9780521599610
Category : History
Languages : en
Pages : 276
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Book Description
Democratic governments are able to elicit, legally and legitimately, both money and men from their populations. Certainly there is tax evasion, draft evasion, and even outright resistance; yet to a remarkable extent citizens acquiesce and even actively consent to the demands of governments, well beyond the point explicable by coercion. This is a puzzle for social scientists, particularly those who believe that individuals are self-interested, rational actors who calculate only the private egoistic costs and benefits of possible choices. The provisions of collective good should never justify a quasi-voluntary tax payment and the benefits of a war could not possibly exceed the cost of dying. This book explains the institutionalization of policy in response to anticipated and actual citizen behaviour and the conditions under which citizens give, refuse and withdraw their consent. Professor Levi claims that citizens' consent is contingent upon the perceived fairness of both the government and of other citizens. Most citizens of democracies, most of the time, are more likely to give their consent if they believe that government actors and other citizens are behaving fairly toward them.
Author: Kim Lane Scheppele
Publisher: University of Chicago Press
ISBN: 9780226737782
Category : Law
Languages : en
Pages : 392
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Book Description
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
