| Description |
xvii, 388 pages ; 24 cm |
| Series |
Legal theory today |
|
Legal theory today.
|
| Contents |
1 Consent in the law : a preliminary examination -- Pt. 1 A Gewirthian approach to consent in the law -- 2 The principle of generic consistency : its justification and application -- 3 The functions of consent in the law -- Pt. 2 Consent in the law I : questions of adequacy -- 4 Subjects of consent : questions of capacity and competence -- 5 The conditions of (valid) consent I : unforced and informed choice -- 6 The conditions of consent II : duress, undue influence, and disclosure -- 7 Questions of signalling and scope, withdrawal, and refusal -- Pt. 3 Consent in the law II : questions of necessity and sufficiency -- 8 The necessity, sufficiency, and relevance of consent I : private wrong and private empowerment -- 9 The necessity, sufficiency, and relevance of consent II : public wrong -- Pt. 4 Consent as the basis of legal (political) authority and obligation -- 10 Consent and the stability and authority of law -- 11 Consent as procedural justification : concluding remarks |
| Summary |
"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 consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered."--BOOK JACKET |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Consent (Law)
|
|
Law and ethics.
|
| Author |
Brownsword, Roger.
|
| ISBN |
1841136794 hardback |
|
9781841136790 hardback |
|
