Consent,Communication, and Abandonment

Law and Philosophy - According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that...     

Consent,Legitimation, and Dysphoria

Ideals of consent and consensuality are rapidly displacing ideals of legality as the demarcation of lawful from unlawful, legitimate from illegitimate, and good from bad.  This is a particularly pronounced trend in the areas of sexual and reproductive rights and ethics.  Consensual sex has almost completely displaced marital sex as the demarcation of not only criminal from laudatory sex but also good from bad sex.  Likewise, the consensuality of a pregnancy is increasingly the demarcation of a celebrated rather than mourned pregnancy, rather than its marital province.  This development is justly celebrated as a breakthrough in women's rights and equality, but it carries costs.  This essay develops some of the limits and perils of an over-reliance on consent and consensuality as the primary criterion of the morality of sex and reproduction.  Consent is not always a trustworthy guide to wellbeing, for both general reasons, and reasons specific to sexual and reproductive life.     

Consent,Fraud and Family Law

In two recent cases the Supreme Court unanimously clarified that one party's fraudulent non-disclosure of material facts 'unravels' any agreement made in their absence. Because the parties' agreement is a sine qua non of a consent order, the order may be set aside, despite the desirability in family law of clean break and certainty. Victims of fraud in matrimonial proceedings should not be left in a worse position than victims in other civil proceedings. However, while consistency across different areas of civil law was important here, are there any circumstances in which inconsistency may be justified?     

Academic artists’ engagement and commercialisation

The Journal of Technology Transfer - Academic artists are researchers who create artistic work. They form part of the cultural life of cities and contribute to welfare not only through research but...     

Conditional Consent

Law and Philosophy - There are two distinct ways for someone to place conditions on their morally valid consent. The first is to place conditions on the moral scope of their consent—whereby...     

Spheres of Consent

ABSTRACT

Literature about the vulnerability of female prisoners and the ineffectiveness of sexual assault reform laws is used to explain how the sexual abuse and exploitation of Hawaii's female prisoners became a chronic problem. It is argued that similar problems exist in other states and that the social status of inmate sexual assault victims is not an adequate explanation for an apparent lack of law enforcement. Recommendations for research, staff training, policy development, and political action are included.     

Consent in escrow

Disasters such as flash flooding, mass shootings, and train and airplane accidents involving large numbers of victims produce significant opportunity for research in the biosciences. This opportunity exists in the extreme tails of life events, however, during which decisions about life and death, valuing and foregoing, speed and patience, trust and distrust, are tested simultaneously and abundantly. The press and urgency of these scenarios may also challenge the ability of researchers to comprehensively deliver information about the purposes of a study, risks, benefits, and alternatives. Under these circumstances, we argue that acquiring consent for the immediate use of data that are not time sensitive represents a gap in the protection of human study participants. In response, we offer a two-tiered model of consent that allows for data collected in real-time to be held in escrow until the acute post-disaster window has closed. Such a model not only respects the fundamental tenet of consent in research, but also enables such research to take place in an ethically defensible manner.     

告知后同意规则的法律构造

在具有侵袭性的医疗行为中,医师负有告知义务,以患者得以了解的语言,告知病人病情、治疗方案、各方案可能的的风险,以及不治疗的后果等。告知义务的履行应采取理性患者的标准。告知义务也有例外。医师违反告知后同意义务并非直接侵害了患者的健康权,而是侵害了患者的自我决定权或自我决定法益,它将可能进一步引起对患者健康权的侵害,造成患者人身损害。     

Rape Without Consent

This article is a defence of a differentiated offence of rape.A differentiated offence is an offence which can be completedin a number of different ways that cannot be captured in a simpledefinition. It is argued that such an offence would meet severalconcerns that have been expressed in the feminist literatureabout the law of rape. It would assist certainty, it would reducethe extent to which the offence focuses on the conduct of thecomplainant, it would allow the law to express that violenceis central to the offence of rape where violence is present,but it would also allow convictions of rape where there is noviolence. The argument is developed through critical engagementwith the law of rape as set out in the Sexual Offences Act 2003.The Sexual Offences Act, it is argued, fails adequately to meetthe concerns outlined above.