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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

Personal Autonomy, the Private Sphere and Criminal Law

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Edited by: Peter Alldridge, Chrisje Brants

ISBN13: 9781901362824
ISBN: 1901362825
Published: March 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

Despatched in 6 to 8 days.

This book contains 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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Criminal Law
Introduction, Peter Alldridge and Chrisje Brants
legal moralism or paternalism? tolerance or indifference? egalitarian justice and the ethics of equal concern, Koen Raes
privacy, autonomy and criminal justice rights - philosophical preliminaries, Paul Roberts
the public, the private and the significance of payments, Peter Alldridge
sovereignty, criminal law and the new European context, Leonard F.M. Besselink
the state and the nation's bedrooms - the fundamental right of sexual autonomy, Chrisje Brants
human rights and the criminalisation of tradition - the practices formerly known as "female circumcision", Lois Bibbings
denying Shoah, Bert Swart
criminal legislation in the nineteenth century - the historic roots of criminal law and non-intervention in the Netherlands, C.M. Pelser
consent in Dutch criminal law, Constantijn Kelk
dangerousness, popular knowledge and the criminal law - a case study of the paedophile as sociocultural phenomenon, Richard Collier
the right against sex with children, M. Moerings.