Law and Consent

Contesting the Common Sense

Karla O'Regan

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English

Routledge
16 July 2019

Jurisprudence & philosophy of law; Offences against the person

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.

By: Karla O'Regan
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 484g
ISBN: 9781138612501
ISBN 10: 1138612502
Pages: 238
Publication Date: 16 July 2019
Audience: College/higher education , General/trade , Primary , ELT Advanced
Format: Hardback
Publisher's Status: Active

TABLE OF CONTENTS List of Abbreviations Introduction Law & Consent: A Tale of Contradictions Consent’s Autonomy Story Methodology: A Juridical Genealogy of Consent Charting the Course: A Chapter Outline Chapter 1: The Common Sense of consent Mediated Magic: Paternalism and its Paradox The Parameters of Consent: Productive Preconditions Voluntariness Knowledge Rationality Conceptualising the Common: Tacit consent & Intelligibility Conclusion Chapter 2: Ancient SEx Regulating Sex Among the Ancients Offences of hubris Offences of bia/raptus Offences of moicheia/stuprum Ancient Outlaws: Unintelligible Acts (Post)Modern Reflections Conclusion Chapter 3: Medieval Medicine Medieval Medicine: A Monastic Enterprise Regulating Access Theory over Practice Christian Alignment Medieval Doctors & their Patients: A Match made in Heaven the Medieval Doctor-Patient Relationship: ‘The Way, The Truth & the LIght’ Conclusion Chapter 4: Modern Sport Harmful Horseplay: Consent & Contact Sports Foul Play: Fighting in Sports ‘No sissy stuff’: Harm & Hegemonic Masculinity in Sport Capitalism with the Gloves off: Consent & Body Capital in Sport Conclusion Chapter 5: The Political Economy of Consent Neoliberal Rationality: Touched by an Invisible Hand The Market Rationality: An Origin-less Story The Neoliberal Subject: A Normative Ontology Consent within a Capitalist Logic: Revisiting Criminal & Medical Law Social Utility in a Neoliberal World The Capacity to Consent: An Act of Self-governance Conclusion Conclusion Index

Karla M. O'Regan is an Associate Professor of Criminology and Criminal Justice at St. Thomas University, Canada.