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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?¿
List of contents
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
About the author
Karla M. O'Regan is an Associate Professor of Criminology and Criminal Justice at St. Thomas University, Canada.
Summary
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?
