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Law and Consent - Contesting the Common Sense (Hardcover)
Loot Price: R4,134
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Law and Consent - Contesting the Common Sense (Hardcover)
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Consent is used in many different social and legal contexts with
the pervasive understanding that it is, and has always been, about
autonomy - but has it? Beginning with an overview of consent's role
in law today, this book investigates the doctrine's inseparable
association with personal autonomy and its effect in producing both
idealised and demonised forms of personhood and agency. This
prompts a search for alternative understandings of consent. Through
an exploration of sexual offences in Antiquity, medical practice in
the Middle Ages, and the regulation of bodily harm on the
present-day sports field, this book demonstrates that, in contrast
to its common sense story of autonomy, consent more often operates
as an act of submission than as a form of personal freedom or
agency. The book explores the implications of this
counter-narrative for the law's contemporary uses of consent,
arguing that the kind of freedom consent is meant to enact might be
foreclosed by the very frame in which we think about autonomy
itself. This book will be of interest to scholars of many aspects
of law, history, and feminism as well as students of criminal law,
bioethics, and political theory.
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