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" Consent in the law / "
Deryck Beyleveld and Roger Brownsword.
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BL
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| Record Number
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1020142
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b774512
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| Main Entry
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Beyleveld, Deryck.
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| Title & Author
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Consent in the law /\ Deryck Beyleveld and Roger Brownsword.
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| Publication Statement
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Oxford :: Hart,, 2007.
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| Series Statement
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Legal theory today
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| Page. NO
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1 online resource (xvii, 388 pages).
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| ISBN
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1472563867
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: 1847313442
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: 9781472563866
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: 9781847313447
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1841136794
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9781841136790
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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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.
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| Abstract
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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 conse.
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Consent (Law)
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Law and ethics.
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Consentement (Droit)
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Droit et morale.
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Consent (Law)
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Law and ethics.
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LAW-- Natural Law.
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Ethiek.
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Toestemming.
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| Dewey Classification
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340.112
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| LC Classification
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K579.I6.B49 2007eb
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| Added Entry
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Brownsword, Roger.
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