Personal autonomy, the private sphere, and the criminal law :
[Book]
a comparative study /
edited by Peter Alldridge and Chrisje Brants.
Portland, Ore. :
Hart Pub.,
2001.
1 online resource (xxv, 274 pages)
Includes bibliographical references and index.
Preliminaries; Preface; Contents; Contributors; Table of Cases; Table of Legislation; INTRODUCTION; 1 LEGAL MORALISM OR PATERNALISM TOLERANCE OR INDIFFERENCE EGALITARIAN JUSTICE AND THE ETHICS OF EQUAL CONCERN; 2 PRIVACY AUTONOMY AND CRIMINAL JUSTICE RIGHTS PHILOSOPHICAL PRELIMINARIES; 3 THE PUBLIC THE PRIVATE AND THE SIGNIFICANCE OF PAYMENTS; 4 SOVEREIGNTY CRIMINAL LAW AND THE NEW EUROPEAN CONTEXT; 5 THE STATE AND THE NATION'S BEDROOMS THE FUNDAMENTAL RIGHT OF SEXUAL AUTONOMY; 6 HUMAN RIGHTS AND THE CRIMINALISATION OF TRADITION THE PRACTICES FORMERLY KNOWN AS FEMALE CIRCUMCISION.
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This book contains original essays by a distinguished group of jurists from six different European countries confronting 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.
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
MIL
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Personal autonomy, the private sphere, and the criminal law.