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Personal Autonomy, the Private Sphere and Criminal Law

A Comparative Study

Editor(s): Peter Alldridge, Chrisje Brants
Media of Personal Autonomy, the Private Sphere and Criminal Law
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Published: 19-03-2001
Format: PDF eBook (?)
Edition: 1st
Extent: 304
ISBN: 9781847310026
Imprint: Hart Publishing
RRP: £86.40
Online price : £77.76
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Loren Epson

About Personal Autonomy, the Private Sphere and Criminal Law

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.

Table Of Contents

INTRODUCTION
Peter Alldridge and Chrisje Brants

1. LEGAL MORALISM OR PATERNALISM? TOLERANCE OR INDIFFERENCE? EGALITARIAN JUSTICE AND THE ETHICS OF EQUAL CONCERN
Koen Raes

2. PRIVACY, AUTONOMY AND CRIMINAL JUSTICE RIGHTS:PHILOSOPHICAL PRELIMINARIES
Paul Roberts

3. THE PUBLIC, THE PRIVATE AND THE SIGNIFICANCE OF PAYMENTS
Peter Alldridge

4. SOVEREIGNTY, CRIMINAL LAW AND THE NEW EUROPEAN CONTEXT
Leonard F. M. Besselink

5. THE STATE AND THE NATION'S BEDROOMS: THE FUNDAMENTAL RIGHT OF SEXUAL AUTONOMY
Chrisje Brants

6. HUMAN RIGHTS AND THE CRIMINALISATION OF TRADITION: THE PRACTICES FORMERLY KNOWN AS “FEMALE CIRCUMCISION”
Loïs Bibbings

7. DENYING SHOAH
Bert Swart

8. CRIMINAL LEGISLATION IN THE NINETEENTH CENTURY: THE HISTORIC ROOTS OF CRIMINAL LAW AND NON-INTERVENTION IN THE NETHERLANDS
C.M. Pelser

9. CONSENT IN DUTCH CRIMINAL LAW
Constantijn Kelk

10. DANGEROUSNESS, POPULAR KNOWLEDGE AND THE CRIMINAL LAW: A CASE STUDY OF THE PAEDOPHILE AS SOCIOCULTURAL PHENOMENON
Richard Collier

11. THE FIGHT AGAINST SEX WITH CHILDREN
M. Moerings

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