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The popularity of pornography is predicated on the idea that those participating have given their consent. That is what allows the porn industry to dominate the media economy today, generating staggering sums of money. Looking at behind-the-scenes negotiations and abuses in Japan's adult video industry, author Akiko Takeyama challenges this pervasive notion with the idea of "involuntary consent." This phenomenon, she argues, is ubiquitous, not only in the porn industry, but in our everyday lives. And yet modern society, built on beliefs of autonomy, free choice, and equality, renders it all but invisible. Japan's AV industry alone generates a conservatively estimated $5 billion a year. In recent years, it has drawn public attention, and criticism, because of a series of arrests and trials of former talent agency owners and executives. This led to a report calling for a systematic investigation of the industry over the issue of "forced performance." This report has had ripple effects beyond Japan, as the US Department of State subsequently also cited forced performance as a human rights violation. Using this moment as an entry point, Takeyama argues that contract-making writ large is based on fundamentally dualistic terms, implying consent and pleasure on the one hand, and coercion and pain on the other. Because sex workers are employed on a contract basis, they fall outside of the purview of standard labor and employment laws. As a result, they are frequently pressured to comply with what production companies (mostly run by men) expect and often demand. In this ethnography of Japan's porn industry, Akiko Takeyama investigates the paradox of involuntary consent in modern liberal democratic societies. Taking consent as her starting point, Takeyama illustrates the nuances of contract making and the legal structures, or lack thereof, that govern Japan's adult video and sex entertainment industries.
Involuntary clients are required to see a professional, such as juveniles on probation, or are pressured to seek help, such as alcoholics threatened with the desertion of a spouse. For close to two decades, Strategies for Work with Involuntary Clients has led in its honest analysis of the involuntary transaction, suggesting the kind of effective legal and ethical intervention that can lead to more cooperative encounters, successful contracts, and less burnout on both sides of the treatment relationship. For this second edition, Ronald H. Rooney has invited experts to address recent theories and provide new information on the best practices for specific populations and settings. He also adds practical examples and questions to each chapter to better facilitate the involvement of students and readers, plus a section on motivational interviewing.
The MacArthur Competence Assessment Tool for Treatment (MacCAT-T) is the product of an 8-year study of patients' capacities to make treatment decisions. It is a semi-structured interview that assists clinicians in assessing a patient's competence to consent to treatment. The process provides a patient with information about their medical/psychiatric condition, the type of treatment being recommended, its risks and benefits, as well as other possible treatments and their probable consequences. During this process, the MacCAT-T prompts the clinician to ask questions that assess the patient's understanding, appreciation, and reasoning regarding treatment decisions.The MacCAT-T Manual is a large-format, examiner-friendly field manual for conducting actual competency assessments. The MacCAT-T Record Form is well designed for recording, rating, and summarizing patient responses. The training videotape, Administering the MacCAT-T, demonstrates an actual administration of the test with discussion, comments, and annotations by Drs. Grisso and Appelbaum.The book, Assessing Competence to Consent to Treatment, describes the place of competence in the doctrine of informed consent, analyzes the elements of decision making, and shows how assessments of competence to consent to treatment can be conducted within varied general medical and psychiatric treatment settings. Includes numerous case studies.
- NEW! 2-column format features new Tricks of the Trade boxes to give you a professional's perspective on common issues in emergency nursing. - NEW! Fully revised content from the ENA and a broad panel of expert contributors includes up-to-date, practical information on topics such as critical care in the ED, time management, the morbidly obese patient, electronic medical records, disaster nursing, forensic nursing, and workplace violence.
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.
Alasdair Maclean analyses the ethical basis for consent to medical treatment, providing both an extensive reconsideration of the ethical issues and a detailed examination of English law. Importantly, the analysis is given a context by situating consent at the centre of the healthcare professional-patient relationship. This allows the development of a relational model that balances the agency of the two parties with their obligations that arise from that relationship. That relational model is then used to critique the current legal regulation of consent. To conclude, Alasdair Maclean considers the future development of the law and contrasts the model of relational consent with Neil Manson and Onora O'Neill's recent proposal for a model of genuine consent.
While the importance of consent has been discussed widely over the last few decades, interest in its study has received renewed attention in recent years, particularly regarding medical treatment, clinical research and sexual acts. The Routledge Handbook of the Ethics of Consent is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors, the Handbook is divided into five main parts: • General questions • Normative ethics • Legal theory • Medical ethics • Political philosophy. Within these sections central issues, debates and problems are examined, including: the nature and normative importance of consent, paternalism, exploitation and coercion, privacy, sexual consent, consent and criminal law, informed consent, organ donation, clinical research, and consent theory of political obligation and authority. The Routledge Handbook of the Ethics of Consent is essential reading for students and researchers in moral theory, applied ethics, medical ethics, philosophy of law and political philosophy. This volume will also be very useful for those in related fields, such as political science, law, medicine and social science.
This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.