Download or read book The Logic of Consent written by Peter Westen and published by Routledge. This book was released on 2017-03-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book The Calculus of Consent written by James M. Buchanan and published by University of Michigan Press. This book was released on 1965 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scientific study of the political and economic factors influencing democratic decision making
Download or read book The Age of Consent written by George Monbiot and published by HarperCollins UK. This book was released on 2010-05-27 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: A manifesto for a new world order.
Download or read book Consent written by Vanessa Springora and published by HarperCollins. This book was released on 2021-02-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consent” is a Molotov cocktail, flung at the face of the French establishment, a work of dazzling, highly controlled fury...By every conceivable metric, her book is a triumph.” -- The New York Times Already an international literary sensation, an intimate and powerful memoir of a young French teenage girl’s relationship with a famous, much older male writer—a universal #MeToo story of power, manipulation, trauma, recovery, and resiliency that exposes the hypocrisy of a culture that has allowed the sexual abuse of minors to occur unchecked. Sometimes, all it takes is a single voice to shatter the silence of complicity. Thirty years ago, Vanessa Springora was the teenage muse of one of the country’s most celebrated writers, a footnote in the narrative of a very influential man in the French literary world. At the end of 2019, as women around the world began to speak out, Vanessa, now in her forties and the director of one of France’s leading publishing houses, decided to reclaim her own story, offering her perspective of those events sharply known. Consent is the story of one precocious young girl’s stolen adolescence. Devastating in its honesty, Vanessa’s painstakingly memoir lays bare the cultural attitudes and circumstances that made it possible for a thirteen-year-old girl to become involved with a fifty-year-old man who happened to be a notable writer. As she recalls the events of her childhood and her seduction by one of her country’s most notable writers, Vanessa reflects on the ways in which this disturbing relationship changed and affected her as she grew older. Drawing parallels between children’s fairy tales and French history and her personal life, Vanessa offers an intimate and absorbing look at the meaning of love and consent and the toll of trauma and the power of healing in women’s lives. Ultimately, she offers a forceful indictment of a chauvinistic literary world that has for too long accepted and helped perpetuate gender inequality and the exploitation and sexual abuse of children. Translated from the French by Natasha Lehrer "...One of the belated truths that emerges from [Consent] is that Springora is a writer. [...]Her sentences gleam like metal; each chapter snaps shut with the clean brutality of a latch." -- The New Yorker "Consent [is] rapier-sharp, written with restraint, elegance and brevity." -- The Times (London) "[Consent] has something steely in its heart, and it departs from the typical American memoir of childhood abuse in exhilarating ways." -- Slate "Lucid and nuanced...[Consent] will speak to trauma survivors everywhere." -- Los Angeles Review of Books ”A piercing memoir about the sexually abusive relationship she endured at age 14 with a 50-year-old writer...This chilling account will linger with readers long after the last page is turned.” -- Publishers Weekly "Springora's lucid account is a commanding discussion of sexual abuse and victimization, and a powerful act of reclamation." -- Booklist "A chilling story of child abuse and the sophisticated Parisians who looked the other way...[Springora] is an elegant and perceptive writer." -- Kirkus
Download or read book Happy Slaves written by Don Herzog and published by . This book was released on 1989 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: So persuasive now as to be nearly invisible, consent theory posits humans as free agents, in whose individual choices must be sought the origin of political and social institutions. Herzog (political science, U. of Michigan) traces the birth of the theory to England in the 1600's, when the holistic view of society was becoming untenable. Very wittily written, and interesting to the general reader as well as the historian and social scientist. Paperback edition unseen. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Logic of Constitutional Rights written by Eric Heinze and published by Routledge. This book was released on 2017-09-08 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
Download or read book Logic in Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Download or read book Consent Dissent and Patriotism written by Margaret Levi and published by Cambridge University Press. This book was released on 1997-10-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic governments are able to elicit, legally and legitimately, both money and men from their populations. Certainly there is tax evasion, draft evasion, and even outright resistance; yet to a remarkable extent citizens acquiesce and even actively consent to the demands of governments, well beyond the point explicable by coercion. This is a puzzle for social scientists, particularly those who believe that individuals are self-interested, rational actors who calculate only the private egoistic costs and benefits of possible choices. The provisions of collective good should never justify a quasi-voluntary tax payment and the benefits of a war could not possibly exceed the cost of dying. This book explains the institutionalization of policy in response to anticipated and actual citizen behaviour and the conditions under which citizens give, refuse and withdraw their consent. Professor Levi claims that citizens' consent is contingent upon the perceived fairness of both the government and of other citizens. Most citizens of democracies, most of the time, are more likely to give their consent if they believe that government actors and other citizens are behaving fairly toward them.
Download or read book Legal Secrets written by Kim Lane Scheppele and published by University of Chicago Press. This book was released on 1988-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
Download or read book The Ethics of Consent written by Franklin Miller and published by Oxford University Press. This book was released on 2009-10-30 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consent is a basic component of the ethics of human relations, making permissible a wide range of conduct that would otherwise be wrongful. Consent marks the difference between slavery and employment, permissible sexual relations and rape, borrowing or selling and theft, medical treatment and battery, participation in research and being a human guinea pig. This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice. Part One addresses theoretical perspectives on the nature and moral force of consent, and its relationship to key ethical concepts, such as autonomy and paternalism. Part Two examines consent in a broad range of contexts, including sexual relations, contracts, selling organs, political legitimacy, medicine, and research.
Download or read book Legal Evidence and Proof written by Henry Prakken and published by Routledge. This book was released on 2016-04-22 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Download or read book The Art of Logic in an Illogical World written by Eugenia Cheng and published by Basic Books. This book was released on 2018-09-11 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: How both logical and emotional reasoning can help us live better in our post-truth world In a world where fake news stories change election outcomes, has rationality become futile? In The Art of Logic in an Illogical World, Eugenia Cheng throws a lifeline to readers drowning in the illogic of contemporary life. Cheng is a mathematician, so she knows how to make an airtight argument. But even for her, logic sometimes falls prey to emotion, which is why she still fears flying and eats more cookies than she should. If a mathematician can't be logical, what are we to do? In this book, Cheng reveals the inner workings and limitations of logic, and explains why alogic -- for example, emotion -- is vital to how we think and communicate. Cheng shows us how to use logic and alogic together to navigate a world awash in bigotry, mansplaining, and manipulative memes. Insightful, useful, and funny, this essential book is for anyone who wants to think more clearly.
Download or read book Terror and Consent written by Philip Bobbitt and published by Penguin UK. This book was released on 2013-04-04 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
Download or read book The Logic of Time written by Johan van Benthem and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of Time has a wide intellectual appeal across different dis ciplines. This has shown in the variety of reactions received from readers of the first edition of the present Book. Many have reacted to issues raised in its philosophical discussions, while some have even solved a number of the open technical questions raised in the logical elaboration of the latter. These results will be recorded below, at a more convenient place. In the seven years after the first publication, there have been some noticeable newer developments in the logical study of Time and temporal expressions. As far as Temporal Logic proper is concerned, it seems fair to say that these amount to an increase in coverage and sophistication, rather than further break-through innovation. In fact, perhaps the most significant sources of new activity have been the applied areas of Linguistics and Computer Science (including Artificial Intelligence), where many intriguing new ideas have appeared presenting further challenges to temporal logic. Now, since this Book has a rather tight composition, it would have been difficult to interpolate this new material without endangering intelligibility.
Download or read book Oxford Handbook of Ethics of AI written by Markus D. Dubber and published by Oxford University Press. This book was released on 2020-06-30 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."
