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 consent has been clearly signaled, and that the scope of the authorization covers the act in question. The book 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. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalize it or that are fixated by it, and that treat it too casually or too cautiously.
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Editorial Reviews
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...Beyleveld and Brownsword are to be congratulated on clarifying and sharpening a range of tools to assist when consent is at issueTheirs 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 DysonCambridge Law JournalVol 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 CaneLaw and Politics Book ReviewVol. 17 No.7 (July 2007)A major step forward, and a valuable addition to academic literature.Dr Benjamin CappsLegal StudiesVol 28, No 1Deryck 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 authorityEach part is almost unfailingly interesting, informative and rich in insightone of the book's many virtues is that it raisesmanybroad-ranging and interesting issues. It cannot therefore be judged anything other than a success.William LucyInternational Journal of Law in ContextVolume 4/4, 2009
About the Author
Deryck Beyleveld is Professor of Law and Bioethics at the University of DurhamRoger Brownsword is Professor of Law at King's College, London
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signalled consent, originating consent, consenting agent, consent proviso, ural justification, private empowerment, signalling consent, informational obligations, relieving doctrines, ostensible consent, more compelling rights, precautionary reasoning, dialectically necessary argument, generic harm, unforced choice, intermittent agents, consent perspective, generic rights, transactional expectation, ostensible agent, informational responsibility, modern legal regimes, procedural turn, marginal agents, ante relationship Key Phrases - Capitalized Phrases (CAPs): (learn more)
Roger Brownsword, Deryck Beyleveld, Oxford University Press, Lord Scarman, Alan Gewirth, Court of Appeal, University of Chicago Press, Fallacy of Necessity, Clarendon Press, Dianne Pretty, Wesley Newcomb Hohfeld, United Kingdom, Jerry Strunk, Legal Studies, European Convention, House of Lords, Modern Law Review, New York, Ronald Dworkin, Cambridge University Press, Department of Health, Source Informatics, Yale Law Journal, Fallacy of Sufficiency, Fourteenth Amendment New!
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
signalled consent, originating consent, consenting agent, consent proviso, ural justification, private empowerment, signalling consent, informational obligations, relieving doctrines, ostensible consent, more compelling rights, precautionary reasoning, dialectically necessary argument, generic harm, unforced choice, intermittent agents, consent perspective, generic rights, transactional expectation, ostensible agent, informational responsibility, modern legal regimes, procedural turn, marginal agents, ante relationship Key Phrases - Capitalized Phrases (CAPs): (learn more)
Roger Brownsword, Deryck Beyleveld, Oxford University Press, Lord Scarman, Alan Gewirth, Court of Appeal, University of Chicago Press, Fallacy of Necessity, Clarendon Press, Dianne Pretty, Wesley Newcomb Hohfeld, United Kingdom, Jerry Strunk, Legal Studies, European Convention, House of Lords, Modern Law Review, New York, Ronald Dworkin, Cambridge University Press, Department of Health, Source Informatics, Yale Law Journal, Fallacy of Sufficiency, Fourteenth Amendment New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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