Book Details
Orange Code:91219
Paperback:300 pages
Publications:
Categories:
Sections:
1. LEGAL MORALISM OR PATERNALISM? TOLERANCE OR INDIFFERENCE? EGALITARIAN JUSTICE AND THE ETHICS OF EQUAL CONCERN2. PRIVACY, AUTONOMY AND CRIMINAL JUSTICE RIGHTS: PHILOSOPHICAL PRELIMINARIES3. THE PUBLIC, THE PRIVATE AND THE SIGNIFICANCE OF PAYMENTS4. SOVEREIGNTY, CRIMINAL LAW AND THE NEW EUROPEAN CONTEXT5. THE STATE AND THE NATION’S BEDROOMS: THE FUNDAMENTAL RIGHT OF SEXUAL AUTONOMY6. HUMAN RIGHTS AND THE CRIMINALISATION OF TRADITION: THE PRACTICES FORMERLY KNOWN AS “FEMALE CIRCUMCISION”7. DENYING SHOAH8. CRIMINAL LEGISLATION IN THE NINETEENTH CENTURY: THE HISTORIC ROOTS OF CRIMINAL LAW AND NON-INTERVENTION IN THE NETHERLANDS9. CONSENT IN DUTCH CRIMINAL LAW10. DANGEROUSNESS, POPULAR KNOWLEDGE AND THE CRIMINAL LAW: A CASE STUDY OF THE PAEDOPHILE AS SOCIOCULTURAL PHENOMENON11. THE FIGHT AGAINST SEX WITH CHILDREN
Description:
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Containing original essays by a distinguished group of jurists from six different European countries, this book confronts the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere, personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.
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