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Books > Law > Laws of other jurisdictions & general law > Social law
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Consent in the Law (Hardcover, Uk Ed.)
Loot Price: R3,203
Discovery Miles 32 030
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Consent in the Law (Hardcover, Uk Ed.)
Series: Legal Theory Today
Expected to ship within 10 - 15 working days
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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 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. 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 fictionalise
it or that are fixated by it, and that treat it too casually or too
cautiously. In short, the analysis in Consent in the Law points the
way towards recognising an important procedural justification for
precisely what it is as well as giving it a more coherent
application.
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