Personal Autonomy, the Private Sphere and Criminal Law
A Comparative Study
- 304 pages
- English
- PDF
- Available on iOS & Android
Personal Autonomy, the Private Sphere and Criminal Law
A Comparative Study
About This Book
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.
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Table of contents
- Half Title Page
- Title Page
- Title verso
- 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"
- 7. Denying Shoah
- 8. Criminal Legislation in the Nineteenth Century: The Historic Roots of Criminal Law and Non-Intervention in The Netherlands
- 9. Consent in Dutch Criminal Law
- 10. Dangerousness, Popular Knowledge and the Criminal Law: A Case Study of the Paedophile as Sociocultural Phenomenon
- 11. The Fight Against Sex with Children
- Index