Rethinking consensual harm doing

Dennis J. Baker

    Research output: Chapter in Book / Conference PaperConference Paper

    Abstract

    ![CDATA[My aim in this paper is to examine the moral limitations of consent as a defence to criminal wrongdoing. Positive morality alone is not sufficient for the purposes of rejecting consent as a defence, because consent provides an objective (critical moral) reason for excusing wrongful harm doing to others. However, the consent defence can be overridden by other critical moral considerations of greater importance. In this paper, it is argued that consent does not excuse inflicting irreparable harm of an extraordinary grave kind on others. Nor does it excuse serious reparable harm doing to others. This paper examines whether R. v. Brown [1993] 1 A.C. 212. (where the majority rejected consent as a defence to assault involving serious harm) and R. v. Konzani (where the majority asserted that fully informed consent would have provided the HIV transmitter with a defence) are reconcilable with critical morality.]]
    Original languageEnglish
    Title of host publicationLaw and Public Policy : Taming the Unruly Horse? 62nd ALTA Conference, University of Western Australia, Perth, Western Australia, 23rd-26th Sep. 2007 : Published Conference Papers
    PublisherALTA Secretariat
    Number of pages21
    Publication statusPublished - 2007
    EventAnnual Australasian Law Teachers' Association. Conference -
    Duration: 1 Jan 2007 → …

    Conference

    ConferenceAnnual Australasian Law Teachers' Association. Conference
    Period1/01/07 → …

    Keywords

    • consent (law)
    • criminal law
    • moral and ethical aspects
    • law and ethics
    • human rights

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