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- catalog abstract ""The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce."--Pub. desc.".
- catalog contributor b13062251.
- catalog created "c2004.".
- catalog date "2003".
- catalog date "c2004.".
- catalog dateCopyrighted "c2004.".
- catalog description ""The Logic of Consent analyzes the varied nature of consent arguments in criminal law and examines the confusions that commonly arise from the failure of legislatures, courts and commentators to understand them. Peter Westen skillfully argues that the conceptual aspect accounts for a significant number of the difficulties that legislatures, courts and scholars have with consent in criminal cases; he observes that consent masquerades as a single kind of event when, in reality, it refers to diverse and sometimes mutually exclusive kinds of events. Specifically, consent is used in law to refer to three pairs of contrasting kinds of events: factual versus legal, attitudinal versus expressive, and prescriptive versus imputed. While Westen takes no position on whether the substance of existing defenses of consent in criminal law ought to be enlarged or reduced in scope, he examines each of these contrasting events and analyzes the normative confusions they produce."--Pub. desc.".
- catalog description "A core concept of consent: an attitude of factual acquiescence -- An expression of factual acquiescence -- Offenses to which consent is a defense -- Prescriptive attitudinal consent -- Non-contemporaneous prescriptive consent -- Imputed consent -- The confusions of consent.".
- catalog description "Includes bibliographical references (p. [351]-366) and indexes.".
- catalog extent "viii, 383 p. ;".
- catalog identifier "0754624072 (alk. paper)".
- catalog isPartOf "Law, justice, and power".
- catalog issued "2003".
- catalog issued "c2004.".
- catalog language "eng".
- catalog publisher "Aldershot, Hants, England ; Burlington, Vt : Ashgate,".
- catalog spatial "United States.".
- catalog subject "345.73/04 22".
- catalog subject "Consent (Law) United States.".
- catalog subject "Criminal liability United States.".
- catalog subject "Defense (Criminal procedure) United States.".
- catalog subject "KF9248 .W47 2003".
- catalog subject "Rape United States.".
- catalog tableOfContents "A core concept of consent: an attitude of factual acquiescence -- An expression of factual acquiescence -- Offenses to which consent is a defense -- Prescriptive attitudinal consent -- Non-contemporaneous prescriptive consent -- Imputed consent -- The confusions of consent.".
- catalog title "The logic of consent : the diversity and deceptiveness of consent as a defense to criminal conduct / Peter Westen.".
- catalog type "text".