عنوان

Consent in the law /

1472563867

1847313442

9781472563866

9781847313447

1841136794

9781841136790

b774512

Consent in the law /

[Book]

Deryck Beyleveld and Roger Brownsword.

Oxford :

Hart,

2007.

1 online resource (xvii, 388 pages).

Legal theory today

Includes bibliographical references and index.

Consent in the law: a preliminary examination -- A Gewirthian approach to consent in the law -- The principle of generic consistency: its justification and application -- The functions of consent in the law -- Consent in the law I: questions of adequacy -- Subjects of consent: questions of capacity and competence -- The conditions of (valid) consent I: unforced and informed choice -- The conditions of consent II: duress, undue influence, and disclosure -- Questions of signalling and scope, withdrawal, and refusal -- Consent in the law II: questions of necessity and sufficiency -- The necessity, sufficiency, and relevance of consent I: private wrong and private empowerment -- The necessity, sufficiency, and relevance of consent II: public wrong -- Consent as the basis of legal (political) authority and obligation -- Consent and the stability and authority of law -- Consent as procedural justification: concluding remarks.

0

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the conse.

codeMantra

9781847313447

Consent in the law.

Consent (Law)

Law and ethics.

Consentement (Droit)

Droit et morale.

Consent (Law)

Ethiek.

Law and ethics.

LAW-- Natural Law.

Toestemming.

LAW-- 069000

Beyleveld, Deryck.

Brownsword, Roger.

20201203064958.0

pn

[Book]

Y