Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 22 September 2020

Abstract and Keywords

This chapter examines the doctrine of consent in criminal law and the debates surrounding its meaning and boundaries. The defense of consent is reviewed in its relation to the goals and justification of punishment. The chapter outlines the requirements for valid consent and exposes the controversies associated with those requirements. The chapter gives special consideration to the issue of consent to serious physical harm and analyzes the rationales for disallowing such consent; among those are: breach of peace, susceptibility to becoming public charge, immorality, violation of dignity, and disrespect for law and social order. Finally, the chapter proposes a new set of requirements for the defense of consent that would lead to more fair, consistent, and morally sustainable criminal adjudication.

Keywords: doctrine of consent, defense of consent, criminal law, attitudinal consent, performative consent, punishment, legal competence, physical harm, sadomasochistic beating, religious flagellation

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.