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Consent in the Law - 9781841136790

Un libro in lingua di Deryck Beyleveld Roger Brownsword edito da Intl Specialized Book Service Inc, 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.

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