The Limits of Consent and the Law of Assault

Stewart, Hamish
January 2011
Canadian Journal of Law & Jurisprudence;Jan2011, Vol. 24 Issue 1, p205
Academic Journal
The article focuses on the limitations of consent and the law of assault. In positive law, consent is described as a defence to a given offence only if non-consent is an offence element or consent is an element of an applicable defence. It also discusses the role of consent in criminal law by treating it as a part of legal system that is intended not to promote any particular purpose but to regulate the interactions of purposive, free, and juridically equal persons.


Related Articles

  • K. Bergman, Paul // Criminal Law: Desk Reference;Dec2013, p215 

    The article discusses the legal concepts of kidnapping in the U.S. which appears in the book "Criminal Law: A Desk Reference." Kidnapping refers to a criminal act of seizing and transporting a victim by force and against the will of the victim. It says that kidnapping is a felony that is...

  • A bigger role for the Feds. Reske, Henry J. // ABA Journal;Oct94, Vol. 80 Issue 10, p14 

    Reports on federal judges' concern about the addition of new offenses stated in President Bill Clinton's crime bill. Concerns about added workload; Concerns about the effect of the use of the federal death penalty.

  • Editorial.  // Journal of International Criminal Justice;Mar2011, Vol. 9 Issue 1, p1 

    The article discusses various reports published within the issue, including one indirect perpetration, and another on an Institut de Droit International resolution on immunities.

  • Equity – Connotations in the Current Romanian Legal System. Ciongaru, Emilian // EIRP Proceedings;2014, Vol. 9, p13 

    The underlying principle of the law, and a source of law - equity - has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society....

  • Criminal Law and the Pursuit of Equality. Braman, Donald // Texas Law Review;Jun2006, Vol. 84 Issue 7, p2097 

    The article promotes equal protection in criminal legislation in the U.S. The devastating effects of underenforcement of racial equality in criminal laws have influenced communities, offenders and their families and even affected racial relations in the process. Courts have attempted to remedy...

  • The Reign of the Kangaroo Court? Siegel, Natalie // Indigenous Law Journal;Spring2002, Vol. 1, p113 

    Most of Australia's Aboriginal people live in communities far from urban population centers. 'Bush Court' is the name given to the justice system administered to Australian Aboriginal people by a magistrate who circuits such communities intermittently. As a result of the way Bush Courts...

  • DEMOCRACY ENHANCEMENT IN CRIMINAL LAW AND PROCEDURE. Moore, Janet // Utah Law Review;2014, Vol. 2014 Issue 3, p543 

    There is a democracy deficit at the intersection of crime, race, and poverty. The causes and consequences of hyperincarceration disproportionately affect those least likely to mount an effective oppositional politics: poor people and people of color. This Article breaks new ground by arguing...

  • Rethinking the Specific-General Intent Doctrine in California Criminal Law. Young, Douglas R. // California Law Review;Sep75, Vol. 63 Issue 5, p1352 

    Analyzes the inadequacy of the specific-general intent dichotomy in California criminal law. Recognition of the doctrine's shortcomings by the California Supreme Court; Suggested means by which the doctrine may be modified or replaced by a more flexible model.

  • War on Drunk Driving: 25,000 Lives at Stake. Quade, Vicki // American Bar Association Journal;Dec82, Vol. 68 Issue 12, p1551 

    Reports on developments concerning drunk driving legislation in the U.S. Establishment of the President's Commission on drunk driving; Need for rehabilitation of drunk drivers rather than punishment to help them avoid repeated offenses; Development of programs to control drunk driving. INSETS:...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics