Legal perspectives on state power : consent and control / edited by Chris Ashford, Alan Reed and Nicola Wake.

Format
Book
Language
English
Published/​Created
Newcastle upon Tyne : Cambridge Scholars Publishing, 2016.
Description
viii, 430 pages ; 22 cm

Availability

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Firestone Library - Stacks K5087.C6 L44 2016 Browse related items Request

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    Subject(s)
    Editor
    Summary note
    The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
    Bibliographic references
    Includes bibliographical references.
    Contents
    • 1. Introduction. Consent and control: legal perspectives on state power / Chris Ashford, Alan Reed, Nicola Wake
    • 2. Private authorisation and public censure: negotiating the limits of consensual harm / Ben Livings
    • 3. State control of consensual sexual behaviour through the Sexual Offences Act 2003 / Tanya Palmer
    • 4. Consent to death / Jesse Elvin, Claire de Than
    • 5. The age of consent in an age of consent / Jonathan Herring
    • 6. Queering consent: (re)evolving constructions of the age of consent and the law / Chris Ashford
    • 7. Queering fears: pro-LGBTI refugee cases / Senthorun Raj
    • 8. Rethinking rape-by-fraud / Vera Bergelson
    • 9. Perception of consent in adult male rape: evidence-based and inclusive policy making / Natalia Hanley, Philip N.S. Rumney
    • 10. #Spycops: undercover policing, intimate relationships and the manufacture of consent by the state / Ben Fitzpatrick
    • 11. Criminalisation of HIV transmission: Anglo-North-American comparative perspectives and optimal reforms to failure of proof defences / David Hughes, Alan Reed
    • 12. A special case for personality disorder: are the distinctions between personality disorder and mental illness in clinical and legal practice justified? / Rajan Nathan, Keith JB Rix
    • 13. Diversion of individuals with disability from the criminal justice system: control inside or outside criminal law? / Linda Steele
    • 14. Sex offenders with autistic spectrum conditions / Ann Creaby-Attwood, Chris Ince
    • 15. Consent, compulsion and sex offenders: an ethical and rights based approach to the treatment and management of sex offenders / Karen Harrison, Bernadette Rainey
    • 16. Consent versus coercion: offender rights and community rights in sexual offender rehabilitation / Astrid Birgden.
    ISBN
    • 1443899445 (hardback)
    • 9781443899444 (hardback)
    OCLC
    964584352
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