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Author: Nancy S. Kim
Publisher: Cambridge University Press
ISBN: 1107164915
Category : Law
Languages : en
Pages : 257
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Book Description
Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
Author: Nancy S. Kim
Publisher: Cambridge University Press
ISBN: 1107164915
Category : Law
Languages : en
Pages : 257
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Book Description
Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.
Author: Katherine Angel
Publisher: Verso Books
ISBN: 1788739167
Category : Social Science
Languages : en
Pages : 161
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Book Description
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.”
Author: Oonagh Corrigan
Publisher: OUP Oxford
ISBN: 0191552399
Category : Medical
Languages : en
Pages : 256
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Book Description
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.
Author: Terrance McConnell
Publisher: Oxford University Press
ISBN: 0195350685
Category : Philosophy
Languages : en
Pages : 185
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Book Description
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.
Author: Lisa Featherstone
Publisher: Springer Nature
ISBN: 3031466225
Category : Social Science
Languages : en
Pages : 143
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Book Description
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.
Author: Holly Brewer
Publisher: UNC Press Books
ISBN: 0807839124
Category : History
Languages : en
Pages : 407
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Book Description
In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.
Author: Jody S. Kraus
Publisher: Cambridge University Press
ISBN: 9780521449724
Category : Philosophy
Languages : en
Pages : 356
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Book Description
This book is the most comprehensive, rigorous critique of contemporary Hobbesian contractarianism as expounded in the work of Jean Hampton, Gregory Kavka, and David Gauthier. Professor Kraus argues that the attempts by these three philosophers to use Hobbes to answer current political and moral questions fail. The reasons why they fail are related to fundamental problems intrinsic to Hobbesian contractarianism: first, the problem of collective action arising out of the tension in Hobbes' theory between individual and collective rationality; second, the classical problem of explaining the normative force of hypothetical action, a problem that can be traced to the conflicting strategies of hypothetical justification found in Rawls' and Hobbes' theories. Given the deep interest in Hobbesian contractarianism among philosophers, political theorists, game theorists in economics and political science, and legal theorists, this book is likely to attract wide attention and infuse new life into the contractarian debate.
Author: Clare Chambers
Publisher: Penn State Press
ISBN: 0271045949
Category : Social Science
Languages : en
Pages : 306
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Book Description
Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.
Author: Amia Srinivasan
Publisher: Bloomsbury Publishing
ISBN: 1526612542
Category : Social Science
Languages : en
Pages : 307
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Book Description
A SUNDAY TIMES BESTSELLERBLACKWELL'S BOOK OF THE YEAR 2021Essential lessons on the world we live in, from one of our greatest young thinkers - a guide to what everybody is talking about today'Unparalleled and extraordinary . . . A bracing revivification of a crucial lineage in feminist writing' JIA TOLENTINO'I believe Amia Srinivasan's work will change the world' KATHERINE RUNDELL'Rigorously researched, but written with such spark and verve. The best non-fiction book I have read this year' PANDORA SYKES-------------------------How should we talk about sex? It is a thing we have and also a thing we do; a supposedly private act laden with public meaning; a personal preference shaped by outside forces; a place where pleasure and ethics can pull wildly apart. To grasp sex in all its complexity - its deep ambivalences, its relationship to gender, class, race and power - we need to move beyond 'yes and no', wanted and unwanted. We need to rethink sex as a political phenomenon. Searching, trenchant and extraordinarily original, The Right to Sex is a landmark examination of the politics and ethics of sex in this world, animated by the hope of a different one.SHORTLISTED FOR THE ORWELL PRIZE 2022LONGLISTED FOR THE POLARI FIRST BOOK PRIZE 2022LONGLISTED FOR THE BRITISH ACADEMY BOOK PRIZE 2022
Author: Joseph J. Fischel
Publisher: Univ of California Press
ISBN: 0520968174
Category : Law
Languages : en
Pages : 278
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Book Description
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.
