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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Consent in the Law


ISBN13: 9781841136790
Published: January 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Low stock.

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.

Subjects:
Jurisprudence
Contents:
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 Consent II: Duress, Undue Influence, and Disclosure
7. Questions of Signalling and Scope, Withdrawal, and Refusal

PART THREE: CONSENT IN THE LAW II: QUESTIONS OF NECESSITY AND SUFFICIENCY
8. The Necessity, Sufficiency, and Relevance of Consent I: Private Wrong and Private Empowerment
9. The Necessity, Sufficiency, and Relevance of Consent II: Public Wrong

PART FOUR: CONSENT AS THE BASIS OF LEGAL (POLITICAL) AUTHORITY AND OBLIGATION
10. Consent and the Stability and Authority of Law
11. Consent as Procedural Justification: Concluding Remark

Series: Legal Theory Today

Law After Modernity (eBook) ISBN 9781782251200
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£55.00
Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£49.99
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£31.99
Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£26.66 + £5.33 VAT
(ePub)
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Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£65.00
£31.99
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£45.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£29.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£22.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£45.00
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£19.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£50.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£21.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£20.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£50.00
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£25.99
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£50.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130286
Published January 2000
Hart Publishing
£21.99