Consent in the Law
Contributors: Brownsword, Roger
Series: Legal Theory Today; Legal Theory Today
Publisher: Hart Pub.
Published: 2007
Place of publication: Oxford
Language: eng
Format: [electronic resource]
Number of pages: 406
ISBN-13: 9781847313447
Subjects: Consent (Law)
Description: 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.
Notes: Description based on print version record.
Table of contents: title: Half Title Page; Half Title verso; Title Page; Title verso; Contents; Table of Cases; Table of Legislation; 1. Consent in the Law: A Preliminary Examination; Part One: 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; Part Two: 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 (Valid) Consent II: Duress, Undue Influence, and Disclosure