Law and Consent: Contesting the Common Sense

✍ Scribed by Karla M. O’Regan

• Publisher: Routledge
• Year: 2019
• Tongue: English
• Leaves: 239
• Category: Library

✦ Table of Contents

Cover
Half Title
Title Page
Copyright Page
Dedication
Contents
Acknowledgements
List of abbreviations
Introduction
Law and consent: a tale of contradictions
Consent’s autonomy story
Methodology: a juridical genealogy of consent
Charting the course: a chapter outline
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 and intelligibility
Conclusion
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
3 Medieval medicine
Medieval medicine: a monastic enterprise
Regulating access
Theory over practice
Christian alignment
Medieval doctors and their patients: a match made in heaven
Medieval consent: coupling, conversion, and commerce
The medieval doctor-patient relationship: ‘The way, the truth and the light’
Conclusion
4 Modern sport
Harmful horseplay: consent and contact sports
Foul play: Fighting in sports
‘No sissy stuff’: harm and hegemonic masculinity in sport
Capitalism with the gloves off: consent and body capital in sport
Conclusion
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 and medical law
Social utility in a neoliberal world
The capacity to consent: an act of self-governance
Conclusion
Conclusion
Index