Consent: Domestic and Comparative Perspectives
Routledge | English | 2017 | ISBN-10: 147246995X | 454 pages | PDF | 1.97 MB
by Alan Reed (Editor),? Michael Bohlander (Editor),? Nicola Wake (Editor),? Emma Smith (Editor)
This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Autonomy is so vital to personal integrity that protection is paramount, yet what constitutes valid consent and what can be consented to are highly contested. This collection addresses both concerns head on. It provides a sustained, theoretically-informed, comparative analysis of one of the most troublesome areas of criminal law.
Professor Gavin Dingwall, De Montfort University, Leicester, UK
I very much welcome the publication of this rich study on the multifaceted concept of consent in criminal law. Its extensive comparative analysis provides a broad and extremely useful overview on a fundamental issue which is at the core of many debates not only before domestic courts but also before international jurisdictions.
Judge Jean-Marc Lavergne, Extraordinary Chambers in the Courts of Cambodia, Phnom Penh
About the Author
Alan Reed is Associate Dean (Research and Innovation) and Professor of Law at Northumbria Law School
Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia
Dr Nicola Wake is Associate Professor of Law at Northumbria University
Emma Smith is a Lecturer in Law, and has a number of leading outputs in the areas of Criminal Law and Evidence