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Consent in the law /
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, bo...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart,
2007.
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| Colección: | Legal theory today.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Consent in the law: a preliminary examination
- A Gewirthian approach to consent in the law
- The principle of generic consistency: its justification and application
- The functions of consent in the law
- Consent in the law I: questions of adequacy
- Subjects of consent: questions of capacity and competence
- The conditions of (valid) consent I: unforced and informed choice
- The conditions of consent II: duress, undue influence, and disclosure
- Questions of signalling and scope, withdrawal, and refusal
- Consent in the law II: questions of necessity and sufficiency
- The necessity, sufficiency, and relevance of consent I: private wrong and private empowerment
- The necessity, sufficiency, and relevance of consent II: public wrong
- Consent as the basis of legal (political) authority and obligation
- Consent and the stability and authority of law
- Consent as procedural justification: concluding remarks.