Consent Order in UK Law
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Yes, no, possibly, maybe: Community sanctions, consent and cooperation
This article explores the significance of consent to community sanctions and measures. The value of consent derives from the principle of autonomy and rights to freedom and dignity. While normally ...... ... The origin of consent to the probation order and other community penalties in England and Wales is outlined – the reason why it was originally expected and why it was eventually abolished ... ...
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Giving as a Mechanism of Consent: International Aid Organizations and the Ethical Hegemony of Capitalism
What is the connection between international aid organizations (IAOs) and the transnationalization of capitalism? This article diverges from neo-Gramscian accounts of ...... ... Philip Corrigan and Derek Sayer call moral regulation , or the disciplining and conforming of recipients to the new transnational capitalist order. More specifically, this article argues that the extension and acceptance of the gifts of multilateral and non-governmental IAOs is a mechanism of ... ...
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The Democratic Paradox and Cosmopolitan Democracy
Democracy's narrative on the source of legitimate political power contains a fundamental paradox which surfaces most clearly whenever there is an attempt to inaugurate a new democratic order. The n...... ... clearly whenever there is an attempt to inaugurate a new democratic order. The new order is meant to be founded upon the consent of an authority – ... ...
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Consent to probation in England and Wales: How it was abolished, and why it matters
Much of probation theory and probation training in Britain during the 1980s emphasised the importance of ‘contracts’ or negotiated agreements between probation officers, probationers and the senten...... ... However, the legal requirement of consent to a probation order was abolished in 1997, partly because it was seen as diminishing the authority of the Court. This article discusses the arguments and ... ...
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Being Informed: The Complexities of Knowledge, Deception and Consent When Transmitting HIV
... ... inorder to provide consent to infected intercourse, and it is also undecidedwhether the defendant himself must divulge his HIV status in order toclaim an honest belief in the victims consent.3Additionally, the ne lineof consensual activity drawn in R v Brown4appears to have been eroded ... ...
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Dude Looks Like a Lady: Gender Deception, Consent and Ethics
Finding the answer to whether consent is present within a sexual encounter has become increasingly difficult for the courts. We argue that this is due to the focus placed on entrenching gender bina...... ... We draw on ananalysis of cases involving issues relating to consent to sex in order to argue for a judicialapproach that is informed by a more flexible understanding of sexual autonomy.KeywordsGender, consent, sexual violence, ... ...
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Building Consent: Hegemony, ‘Conceptions of the World’ and the Role of Evangelicals in Global Politics
Since Robert Cox's early interventions in the 1980s, the work of Gramsci has been openly applied to the arena of international politics, often superimposed on to the wider concepts of ‘world order’...... ... , the w ork of Gramsci has been openly applied to the arena of international politics, often superimposed on to the wider concepts of‘world order’ and‘transnational class’ formation. While this has produced a great deal of commendable scholarly work,it has equally produced a growing ... ...
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Henry Kissinger: Hero of our Time
Henry Kissinger the supreme scholar/statesman of the late 20th century has authored a comprehensive interpretation of world order that revises his earlier West-centric orientation. This essay revie...... ... 20th century has authored a comprehensive interpretation of world order that revises his earlier West-centric orientation. This essay review ... new consensual world order that enjoys the participation and real consent of such important non-Western political actors as China, India and the ... ...
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Lawless Sovereignty: Challenging the State of Exception
Giorgio Agamben describes the origins of sovereign power, that power which constitutes the state of exception, as a force that gains its strength in the `unlocalizable' space between fact and law. ...... ... Groups whose consent to the state’s juridical order was historically tenuous, if not ... ...
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Did the Individual Consent to the Risk of Harm? A Comparative Jurisdictional Analysis of Consent in Cases of Sexual Transmission/Exposure to HIV
This article considers the necessary ingredients for an individual to consent to running the risk of the HIV virus being transmitted through high-risk unprotected sexual intercourse. In order to ac...... ... 2It is evident that there is no true clarity on what ought to equate toa fully informed consent, and this is in need of clarification.In order to address this question, this article focuses upon the parameters of a fully informed consentand surveys three particularised countries. The current ... ...
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