Personal Autonomy, the Private Sphere and Criminal Law: A Comparative Study
Peter Alldridge, Chrisje H. Brants
Hart Publishing, 2001 - Law - 274 pages
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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3 The Public the Private and the Significance of Payments
4 Sovereignty Criminal Law and the New European Context
The Fundamental Right of Sexual Autonomy
The Practices Formerly Known as Female Circumcision
7 Denying Shoah
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argued argument Article behaviour child pornography circumcision citizens Commission Community law concept concerned consent constitute context convicted crime Criminal Code criminal justice criminal law criminal offence criminalisation cultural debate defence deﬁned deﬁnition denial of Shoah difﬁcult discourse Dutch criminal ECHR enforcement European Convention European Court euthanasia example FC/FGM Female Circumcision Female Genital Mutilation ﬁeld ﬁnd ﬁrst freedom Genital Mutilation harm Hoge Raad Human Rights idea individual inﬂuence interference involved issue jurisdictions Law Review legislation liberal liberty Member moral negative liberty Netherlands Ofﬁce ofﬁcial one’s Oxford paedophile paedophilia penalisation personal autonomy pillarisation police political principle privacy rights private sphere procedure prosecution protection provisions punishment question reason reﬂected regard relevant right to privacy risk rules sex offenders sexual abuse Shoah Sidney Cooke signiﬁcance social society sovereignty speciﬁc sufﬁcient supra Theft Act 1968 third pillar tion University Press victim