Personal Autonomy, the Private Sphere and Criminal Law: A Comparative Study

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Peter Alldridge, Chrisje Brants
Bloomsbury Publishing, Mar 19, 2001 - Law - 304 pages
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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Contents

Introduction
1
1 Legal Moralism or Paternalism? Tolerance or Indifference? Egalitarian Justice and the Ethics of Equal Concern
25
Philosophical Preliminaries
49
3 The Public the Private and the Significance of Payments
79
4 Sovereignty Criminal Law and the New European Context
93
The Fundamental Right of Sexual Autonomy
117
The Practices Formerly Known as Female Circumcision
139
7 Denying Shoah
161
The Historic Roots of Criminal Law and NonIntervention in The Netherlands
181
9 Consent in Dutch Criminal Law
205
A Case Study of the Paedophile as Sociocultural Phenomenon
223
11 The Fight Against Sex with Children
245
Index
267
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About the author (2001)

Peter Alldridge is a Professor of Law at Queen Mary University of London.

Chrisje Brants is a Professor in the Faculty of Law at the University of Utrecht,the Netherlands.

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