Research Article

Issue of Consent as a Defence of Deliberate Killing in English Law

Volume: 6 Number: 1 June 29, 2018
TR EN

Issue of Consent as a Defence of Deliberate Killing in English Law

Abstract

In this article, the issue of whether consent should provide a complete or a partial defence of deliberate killing will be challenged within the scope of English law. In order to answer this, the article first determines what makes consent of the victim powerless in current English law. Next, the following topics will be addressed. First, what consent means and what the legal and moral effects of it are. Second, the reasons behind the current law for not recognizing consent as a defence of deliberate killing. Finally, this paper discusses whether or not consent should serve as a defence of deliberate killing. Although it may be claimed that consent reduces the wrongfulness of the act, it will be argued that consent alone should never provide a defence for those who deliberately kill others, due to an objective moral reasoning, namely human dignity.

Keywords

References

  1. Alexander L, ‘The Moral Magic of Consent (II)’ (1996) 2 Legal Theory 165.
  2. Baker D J, ‘The Moral Limits of Consent as a Defense in the Criminal Law’ (2009) 12 New Criminal Law Review 93.
  3. Beale J H, ‘Consent In The Criminal Law’ (1895) 8:6 Harvard Law Review 317.
  4. Bergelson V, ‘The Right to Be Hurt: Testing the Boundaries of Consent’ (2007) 75 George Washington Law Review 165.
  5. – – ‘Consent to Harm’ (2008) 28 Pace Law Review 683.
  6. Biggar N, Aiming to Kill: The Ethics of Suicide and Euthanasia (Darton, Longman and Todd 2004).
  7. Dan-Cohen M, ‘Basic Values and the Victim’s State of Mind’ (2000) 88 California Law Review 759.
  8. Devlin P, ‘Morals and The Criminal Law’ in R. Dworkin (ed), The Philosophy of Law (OUP 1977) 66.

Details

Primary Language

English

Subjects

Law in Context

Journal Section

Research Article

Publication Date

June 29, 2018

Submission Date

May 2, 2018

Acceptance Date

May 15, 2018

Published in Issue

Year 2018 Volume: 6 Number: 1

APA
Ersoy Yılmaz, Z. Ö. (2018). Issue of Consent as a Defence of Deliberate Killing in English Law. Ceza Hukuku Ve Kriminoloji Dergisi, 6(1), 117-132. https://izlik.org/JA95AW88EX
AMA
1.Ersoy Yılmaz ZÖ. Issue of Consent as a Defence of Deliberate Killing in English Law. Ceza Hukuku ve Kriminoloji Dergisi. 2018;6(1):117-132. https://izlik.org/JA95AW88EX
Chicago
Ersoy Yılmaz, Z. Özlem. 2018. “Issue of Consent As a Defence of Deliberate Killing in English Law”. Ceza Hukuku Ve Kriminoloji Dergisi 6 (1): 117-32. https://izlik.org/JA95AW88EX.
EndNote
Ersoy Yılmaz ZÖ (June 1, 2018) Issue of Consent as a Defence of Deliberate Killing in English Law. Ceza Hukuku ve Kriminoloji Dergisi 6 1 117–132.
IEEE
[1]Z. Ö. Ersoy Yılmaz, “Issue of Consent as a Defence of Deliberate Killing in English Law”, Ceza Hukuku ve Kriminoloji Dergisi, vol. 6, no. 1, pp. 117–132, June 2018, [Online]. Available: https://izlik.org/JA95AW88EX
ISNAD
Ersoy Yılmaz, Z. Özlem. “Issue of Consent As a Defence of Deliberate Killing in English Law”. Ceza Hukuku ve Kriminoloji Dergisi 6/1 (June 1, 2018): 117-132. https://izlik.org/JA95AW88EX.
JAMA
1.Ersoy Yılmaz ZÖ. Issue of Consent as a Defence of Deliberate Killing in English Law. Ceza Hukuku ve Kriminoloji Dergisi. 2018;6:117–132.
MLA
Ersoy Yılmaz, Z. Özlem. “Issue of Consent As a Defence of Deliberate Killing in English Law”. Ceza Hukuku Ve Kriminoloji Dergisi, vol. 6, no. 1, June 2018, pp. 117-32, https://izlik.org/JA95AW88EX.
Vancouver
1.Z. Özlem Ersoy Yılmaz. Issue of Consent as a Defence of Deliberate Killing in English Law. Ceza Hukuku ve Kriminoloji Dergisi [Internet]. 2018 Jun. 1;6(1):117-32. Available from: https://izlik.org/JA95AW88EX