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Consent in the Law : Legal Theory Today - Deryck ;Brownsword,Roger Beyleveld

Consent in the Law

Legal Theory Today

Hardcover

Published: January 2007
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"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.

...Beyleveld and Brownsword are to be congratulated on clarifying and sharpening a range of tools to assist when consent is at issue...Theirs is a dense and detailed look at consent from the ground up. Its argumentation is clear; preceded by introduction, capped with conclusion and sewn together meticulously. Matthew Dyson Cambridge Law Journal Vol 67, March 2008 ...provides much food for thought. I think that its greatest strength is its detailed and careful consideration of the various limits to consent as a justification for action. Beyleveld and Brownsword's book can be warmly commended to anyone interested in this extremely important topic in political and legal theory. Peter Cane Law and Politics Book Review Vol. 17 No.7 (July 2007) A major step forward, and a valuable addition to academic literature. Dr Benjamin Capps Legal Studies Vol 28, No 1 Deryck Beyleveld and Roger Brownsword's new book provides an ambitious and thorough account of the role of consent in the law and, also, as a possible basis for law's authority...Each part is almost unfailingly interesting, informative and rich in insight...one of the book's many virtues is that it raises...many...broad-ranging and interesting issues. It cannot therefore be judged anything other than a success. William Lucy International Journal of Law in Context Volume 4/4, 2009

Consent in the law : a preliminary examinationp. 1
A Gewirthian approach to consent in the law
The principle of generic consistency : its justification and applicationp. 39
The functions of consent in the lawp. 59
Consent in the law I : questions of adequacy
Subjects of consent : questions of capacity and competencep. 93
The conditions of (valid) consent I : unforced and informed choicep. 125
The conditions of consent II : duress, undue influence, and disclosurep. 155
Questions of signalling and scope, withdrawal, and refusalp. 187
Consent in the law II : questions of necessity and sufficiency
The necessity, sufficiency, and relevance of consent I : private wrong and private empowermentp. 231
The necessity, sufficiency, and relevance of consent II : public wrongp. 269
Consent as the basis of legal (political) authority and obligation
Consent and the stability and authority of lawp. 307
Consent as procedural justification : concluding remarksp. 333
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841136790
ISBN-10: 1841136794
Series: Legal Theory Today
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 406
Published: January 2007
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 2.54
Weight (kg): 0.75
Edition Number: 1