Law and Consent: Contesting the Common Sense

Cover
Half Title
Title Page
Copyright Page
Dedication
Contents
Acknowledgements
List of abbreviations
Introduction
	Law and consent: a tale of contradictions
	Consent’s autonomy story
	Methodology: a juridical genealogy of consent
	Charting the course: a chapter outline
1 The common sense of consent
	Mediated magic: paternalism and its paradox
	The parameters of consent: productive preconditions
		Voluntariness
		Knowledge
		Rationality
	Conceptualising the common: tacit consent and intelligibility
	Conclusion
2 Ancient sex
	Regulating sex among the ancients
		Offences of hubris
		Offences of bia/raptus
		Offences of moicheia/stuprum
	Ancient outlaws: unintelligible acts
	(Post)modern reflections
	Conclusion
3 Medieval medicine
	Medieval medicine: a monastic enterprise
		Regulating access
		Theory over practice
		Christian alignment
	Medieval doctors and their patients: a match made in heaven
	Medieval consent: coupling, conversion, and commerce
	The medieval doctor-patient relationship: ‘The way, the truth and the light’
	Conclusion
4 Modern sport
	Harmful horseplay: consent and contact sports
		Foul play: Fighting in sports
	‘No sissy stuff’: harm and hegemonic masculinity in sport
	Capitalism with the gloves off: consent and body capital in sport
	Conclusion
5 The political economy of consent
	Neoliberal rationality: touched by an invisible hand
		The market rationality: an origin-less story
		The neoliberal subject: a normative ontology
	Consent within a capitalist logic: revisiting criminal and medical law
	Social utility in a neoliberal world
	The capacity to consent: an act of self-governance
	Conclusion
Conclusion
Index