The Joy of Consent

The Joy of Consent
Author: Manon Garcia
Publisher: Harvard University Press
Total Pages: 273
Release: 2023-10-03
Genre: Philosophy
ISBN: 0674294645

“From the bedroom to the classroom to the courtroom, ‘consent’ is a key term in our contemporary sexual ethics. In this timely reexamination, Manon Garcia deftly reveals the hidden complexities of consent and proposes how to reconceptualize it as a tool of liberation.” —Amia Srinivasan, author of The Right to Sex A feminist philosopher argues that consent is not only a highly imperfect legal threshold but also an underappreciated complement of good sex. In the age of #MeToo, consent has become the ultimate answer to problems of sexual harassment and violence: as long as all parties agree to sex, the act is legitimate. Critics argue that consent, and the awkwardness of confirming it, rob sex of its sexiness. But that objection is answered with the charge that opposing the consent regime means defending a masculine erotics of silence and mystery, a pillar of patriarchy. In The Joy of Consent, French philosopher Manon Garcia upends the assumptions that underlie this very American debate, reframing consent as an ally of pleasure rather than a legalistic killjoy. In doing so, she rejects conventional wisdom on all sides. As a legal norm, consent can prove rickety: consent alone doesn’t make sex licit—adults engaged in BDSM are morally and legally suspect even when they consent. And nonconsensual sex is not, as many activists insist, always rape. People often agree to sex because it is easier than the alternative, Garcia argues, challenging the simplistic equation between consent and noncoercion. Drawing on sources rarely considered together—from Kantian ethics to kink practices—Garcia offers an alternative framework grounded in commitments to autonomy and dignity. While consent, she argues, should not be a definitive legal test, it is essential to realizing intimate desire, free from patriarchal domination. Cultivating consent makes sex sexy. By appreciating consent as the way toward an ethical sexual flourishing rather than a legal litmus test, Garcia adds a fresh voice to the struggle for freedom, equality, and security from sexist violence.

Can We Talk About Consent?

Can We Talk About Consent?
Author: Justin Hancock
Publisher: Frances Lincoln Children's Books
Total Pages: 162
Release: 2021-01-26
Genre: Juvenile Nonfiction
ISBN: 071125656X

What exactly is consent? Why does it matter? How can you respect other people’s boundaries, and have them respect yours? Can We Talk About Consent? breaks down the basics of how to give and get consent in every aspect of life for readers aged 14 years and older. It's a powerful word, but not everyone understands exactly what it means. This stylish guide explains clearly why consent matters—for all of us. With honest explanations by experienced sex and relationships educator Justin Hancock, you'll learn how consent is a vital part of how we connect with ourselves and our self-esteem, the people close to us, and the wider world. The book covers a broad range of topics, including: how we greet each other how to choose things for ourselves how we say no to things communicating and respecting choices in sexual relationships the factors that can affect a person's ability to choose how to empower other people by giving them consent And—there's a whole lot of pizza. This guide to consent gives you all the tools you need to build consensual relationships.

Informed Consent in Medical Practice

Informed Consent in Medical Practice
Author: Kalidas D Chavan
Publisher: Jaypee Brothers Medical Publishers
Total Pages: 192
Release: 2019-06-30
Genre: Medical
ISBN: 9352709934

1. Concepts and Principles of Informed Consent 2. Informed Consent in Special Circumstances 3. Suggested Formats of Informed Consent 4. Case Laws on Consent in Medical Practice 5. Informed Consent in Forensic Medicine Suggested Reading Abbreviations

Competence to Consent

Competence to Consent
Author: Becky Cox White
Publisher: Georgetown University Press
Total Pages: 230
Release: 1994-09-16
Genre: Medical
ISBN: 9781589013001

Free and informed consent is one of the most widespread and morally important practices of modern health care; competence to consent is its cornerstone. In this book, Becky Cox White provides a concise introduction to the key practical, philosophical, and moral issues involved in competence to consent. The goals of informed consent, respect for patient autonomy and provision of beneficent care, cannot be met without a competent patient. Thus determining a patient's competence is the critical first step to informed consent. Determining competence depends on defining it, yet surprisingly, no widely accepted definition of competence exists. White identifies nine capacities that patients must exhibit to be competent. She approaches the problem from the task-oriented nature of decision making and focuses on the problems of defining competence within clinical practice. Her proposed definition is based on understanding competence as occurring in a special rather than a general context; as occurring in degrees rather than at a precise threshold; as independent of consequential appeals; and as incorporating affective as well as cognitive capacities. Combining both an ethical overview and practical guidelines, this book will be of value to health care professionals, bioethicists, and lawyers.

Choice and Consent

Choice and Consent
Author: Rosemary Hunter
Publisher: Routledge
Total Pages: 192
Release: 2007-12-04
Genre: Law
ISBN: 1135331197

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Law and Consent

Law and Consent
Author: Karla O'Regan
Publisher: Routledge
Total Pages: 258
Release: 2019-06-28
Genre: History
ISBN: 0429877358

Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy – but has it? Beginning with an overview of consent’s role in law today, this book investigates the doctrine’s inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law’s contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.

Informed Consent

Informed Consent
Author: S. Wear
Publisher: Springer Science & Business Media
Total Pages: 190
Release: 2012-12-06
Genre: Philosophy
ISBN: 9401581223

Substantial efforts have recently been made to reform the physician-patient relationship, particularly toward replacing the `silent world of doctor and patient' with informed patient participation in medical decision-making. This 'new ethos of patient autonomy' has especially insisted on the routine provision of informed consent for all medical interventions. Stronly supported by most bioethicists and the law, as well as more popular writings and expectations, it still seems clear that informed consent has, at best, been received in a lukewarm fashion by most clinicians, many simply rejecting what they commonly refer to as the `myth of informed consent'. The purpose of this book is to defuse this seemingly intractable controversy by offering an efficient and effective operational model of informed consent. This goal is pursued first by reviewing and evaluating, in detail, the agendas, arguments, and supporting materials of its proponents and detractors. A comprehensive review of empirical studies of informed consent is provided, as well as a detailed reflection on the common clinician experience with attempts at informed consent and the exercise of autonomy by patients. In the end, informed consent is recast as a management tool for pursuing clinically and ethically important goods and values that any clinician should see as meriting pursuit. Concurrently, the model incorporates a flexible, anticipatory approach that recognizes that no static, generic ritual can legitimately pursue the quite variable goods and values that may be at stake with different patients in different situations. Finally, efficiency of provision is addressed by not pursuing the unattainable and ancillary. Throughout, the traditional principle of beneficence is appealed to toward articulating an operational model of informed consent as an intervention that is likely to change outcomes at the bedside for the better.

Consent to Treatment

Consent to Treatment
Author: Jane Lynch
Publisher: CRC Press
Total Pages: 239
Release: 2016-07-06
Genre: Medical
ISBN: 1138031267

An understanding of the law and the way in which it impacts upon roles, responsibilities and care is a vital component in everyday healthcare. The law of consent is particularly complex, and its inadvertent misinterpretation, misapplication or maladministration by health professionals has led to an increasing number of legal claims for compensation. This book explains the legal issues around consent to treatment in England and Wales simply and straightforwardly. It uses real-life examples to set out the professional obligations, basic principles of consent and detailed information on each area, enabling health professional to approach consent methodically and to ensure that it is validly obtained and recorded. 'Explains the complexities of consent in a practical and straightforward way making a difficult and often complex subject easy to understand. In addition it is a useful handbook that health professionals at all levels can refer to as an everyday text to help guide them through the intricacies of the topic.' - From the Foreword by Colum J Smith 'This book is invaluable to health care professionals and could help prevent them from attending court defending the care they have inadvertently provided.' - From the Foreword by Sue Battersby 'A very useful book for healthcare professionals of all kinds to refer to' - From the Foreword by Louise M Terry

Sexual Harassment and Sexual Consent

Sexual Harassment and Sexual Consent
Author: Roberto Refinetti
Publisher: Routledge
Total Pages: 257
Release: 2018-05-04
Genre: Social Science
ISBN: 135149113X

Sexual Harassment and Sexual Consent serves as a compelling forum for the analysis of ethical, cultural, social, and political issues related to sexual relationships and sexual behavior. These issues include, but are not limited to: sexual consent and sexual responsibility; sexual harassment and freedom of speech and association; sexual privacy; censorship and pornography; impact of film/literature on sexual relationships; and university and governmental regulation of intimate relationships.The premier volume deals with a central theme: sexual harassment and sexual consent, with emphasis on academia. Theoretical articles, research reports, editorials, and book reviews analyze issues from psychological, sociological, political, and artistic perspectives. Contributions include: "Eight Reasons Not to Prohibit Relationships between Professors and Students" by Peg Tittle; "The Impact of Sexual Misconduct on the Reputation of Martin Luther King, Jr." by A. B. Assensoh and Y. Alex-Assensoh; "Homosexuality, Sexual Harassment, and Military Readiness" by Deborah E. Kapp and Gary A. Kustis; " and "College Students' Perceptions of the Relationship between Sex and Drinking" by Gwendell W. Gravitt, Jr., and Mary M. Krueger.Also included are reviews of Sexual Harassment on Campus edited by B. R. Sandler and R. J. Shoop; Making Gender: The Politics and Erotics of Culture by S. B. Ortner; The Power of Beauty by N. Friday; Bound and Gagged: Pornography and the Politics of Fantasy in America by L. Kipnis; and Mediated Sex by B. McNair. In addition, Warren Farrell reviews the film First Wives Club. This initial volume of Sexuality and Culture will be of interest to all those who participate in campus life as well as sociologists, psychologists, and government and university policymakers.