Criminal Law and Morality in the Age of Consent

Criminal Law and Morality in the Age of Consent
Author: Aniceto Masferrer
Publisher: Springer Nature
Total Pages: 361
Release: 2021-02-09
Genre: Law
ISBN: 3030641635

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Sexual Assault in Canada

Sexual Assault in Canada
Author: Elizabeth A. Sheehy
Publisher: University of Ottawa Press
Total Pages: 833
Release: 2012-09-29
Genre: Law
ISBN: 0776619772

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

Perspectives on Sex, Crime and Society

Perspectives on Sex, Crime and Society
Author: David W. Selfe
Publisher: Psychology Press
Total Pages: 324
Release: 2001
Genre: Law
ISBN: 1859416004

The second edition of this popular book provides a comprehensive and up to date introduction to the law pertaining to sexual offences. The book evaluates a range of sexual offences by adopting an interdisciplinary analysis of the various relationships which exist between sexual behaviour,legal regulation, the criminalisation process, punishment, social mores and morality. The increasing politicisation of sexual offences will make the text of interest to a wide range of students and practitioners in law, criminal justice, social work, women's studies, probation and politics. The second edition has been updated to take account of the recent 'age of consent' debates and associated measures in the Sexual Offences (Amendment) Act, as well as other major reform proposals in sexual offences generally. The text considers a range of key judicial decisions, including the House of Lords in B v DPP on strict liability and mistakes of age, and the Supreme Court of Canada in Cuerrier on consent and misrepresentation. Recent legislative measures, including the registration requirements imposed on sex offenders under the Sex Offenders Act 1997 and Sex Offender Orders under the Crime Disorder Act 1998, are included.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Sex, Crime and Morality

Sex, Crime and Morality
Author: Sharon Hayes
Publisher: Routledge
Total Pages: 146
Release: 2012-08-21
Genre: Social Science
ISBN: 1136575960

Over the last few decades, there has been a marked increase in media and debate surrounding a specific group of offences in modern Democratic nations which bear the brunt of the label ‘crimes against morality’. Included within this group are offences related to prostitution and pornography, homosexuality and incest and child sexual abuse. This book examines the nexus between sex, crime and morality from a theoretical perspective. This is the first academic text to offer an examination and analysis of the philosophical underpinnings of sex-related crimes and social attitudes towards them and the historical, anthropological and moral reasons for differentiating these crimes in contemporary western culture. The book is divided into three sections corresponding to three theoretical frameworks: Part 1 examines the moral temporality of sex and taboo as a foundation for legislation governing sex crimes Part 2 focuses on the geography of sex and deviance, specifically notions of public morality and the public private divide Part 3 examines the moral economy of sex and harm, including the social construction of harm. Sex, Crime and Morality will be key reading for students of criminology, criminal justice, gender studies and ethics, and will also be of interest to justice professionals.

Consent and Sexual Offenses

Consent and Sexual Offenses
Author: Elisa Hoven
Publisher: Nomos Verlag
Total Pages: 351
Release: 2022-12-06
Genre: Law
ISBN: 3748930240

In sexuellen Beziehungen macht die Einwilligung der Beteiligten den Unterschied zwischen Vergnügen und Verbrechen. Die Voraussetzungen rechtlich wirksamer Einwilligung sind jedoch schwer festzustellen, da sexuelle Beziehungen stark von ihrem persönlichen, sozialen und kulturellen Kontext geprägt sind. Dieser Band enthält Berichte und Essays von Expert:innen aus 11 Ländern sowie eine rechtsvergleichende Synopse zur Einwilligung in sexuelle Handlungen. Er bietet allen, die an grundsätzlichen Fragen und rechtspolitischen Entwicklungen des Sexualstrafrechts interessiert sind, zahlreiche aktuelle Informationen und neue Ideen. Elisa Hoven und Thomas Weigend beschäftigen sich seit langem intensiv mit Strafrechtspolitik und Rechtsvergleichung. Mit Beiträgen von Asst.-Prof. Dr. Baris Atladi; Dr. Gian Marco Caletti; Dr. Andrew Dyer, LL.B, LL.M; Prof. Aya Gruber, J.D.; Dr. Lyndon Harris, Barrister; Prof. Dr. Elisa Hoven; Prof. Dr. Wojciech Jasiński; Dr. Karolina Kremens; Prof. Dr. Kai Lindenberg; Dr. Sebastian Mayr; Dr. Hannah Quirk; Dr. Nora Scheidegger; Univ.-Prof. Dr. Kurt Schmoller; Dr. Linnea Wegerstad und Prof. Dr. Thomas Weigend.

Criminal Law in the Age of the Administrative State

Criminal Law in the Age of the Administrative State
Author: Vincent Chiao
Publisher:
Total Pages: 289
Release: 2019
Genre: Law
ISBN: 0190273941

Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment