Online Read Ebook Sex and Self-Ownership: Essays on Consent and the Criminal Law by Jesse Wall

Sex and Self-Ownership: Essays on Consent and the Criminal Law by Jesse Wall

• Sex and Self-Ownership: Essays on Consent and the Criminal Law
• Jesse Wall
• Page: 240
• Format: pdf, ePub, mobi, fb2
• ISBN: 9780198876380
• Publisher: OUP Oxford

Download Sex and Self-Ownership: Essays on Consent and the Criminal Law

Amazon kindle books download ipad Sex and Self-Ownership: Essays on Consent and the Criminal Law by Jesse Wall

Since the criminal law acquits a person who mistakenly believed that another person consented to the sex that they forced upon them: 'rape is not prohibited; it is regulated' (to borrow Mackinnon's phrase). This book is concerned with the legal category of 'the exculpatory mistaken belief in consent', why this category ought to be narrowed, and how it can be narrowed without departing from criminal law's retributive morality and principles of criminalisation. The book calls for three reforms of the criminal law. First, sex itself should be a pro tanto wrong, where consent can justify the wrong or a mistaken belief in consent can excuse the wrong. Second, consent ought to be defined in terms of the objective words and overt actions that express a subjective attitude. Third, whether the defendant had an exculpatory mistaken belief ought to be determined solely by having regard to the steps the defendant had taken to ascertain whether the complainant consented. These calls are predicated on a range of philosophical inquiries, including explanations of: how all sex instrumentalizes and objectifies another person; how consent performs of trilogy of functions by representing a choice, expressing a person's interests, and by empowering a person to change their normative relationship with another person; how a person can be blameworthy for acting against moral reasons even when they were unaware those reasons applied to their moral situation; and how we can have a justified belief in the mental state of another person.

Sex, Law and Consent by Robin L. West - SSRN
The article defends the now fairly conventional liberal reform position that consent ought to be the demarcation between rape and non-criminal sex.
[PDF] Simple Rape and the Risks of Sex - PhilPapers
(2) how the criminal law ought to identify valid consent to sex, and (3) precisely what rights and responsibilities the criminal law should ascribe to .
Sex and Self-Ownership: Essays on Consent and the Criminal Law
criminal law's retributive morality and principles of criminalisation. The book calls for three reforms of the criminal law. First, sex itself should be a .
Bioethics, Medicine and the Criminal Law
Bioethics, Medicine and the Criminal Law - Title page. Medicine and Bioethics in the Theatre of the Criminal Process. By Margaret Brazier, Suzanne Ost.
Sex and Self-Ownership: Essays on Consent and the Criminal Law .
The book calls for three reforms of the criminal law. First, sex itself should be a pro tanto wrong, where consent can justify the wrong or a mistaken belief in .
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Sex and Self-Ownership: Essays on Consent and the Criminal Law
Sex and Self-Ownership: Essays on Consent and the Criminal Law Contributor(s): Wall, Jesse (Author) ; View larger image. ISBN: 0198876262 ISBN-13: 9780198876267
Sex and Self-Ownership: Essays on Consent and the Criminal Law .
The book calls for three reforms of the criminal law. First, sex itself should be a pro tanto wrong, where consent can justify the wrong or a mistaken .
Sex and Self-Ownership: Essays on Consent and the Criminal Law
criminal law's retributive morality and principles of criminalisation. The book calls for three reforms of the criminal law. First, sex itself should be a .
[PDF] The Right to Be Hurt. Testing the Boundaries of Consent.
Currently, American criminal law does not recognize consent of the victim as a defense to bodily harm, except in a few historically defined circumstances. That.

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