Download Consent in the Law (Legal Theory Today) by Deryck Beyleveld PDF
By Deryck Beyleveld
Consent positive factors pervasively in either ethical and criminal discourse as a justifying cause. said easily, the place there's consent, there may be no grievance. besides the fact that, and not using a transparent appreciation of the character of a consent-based justification, its integrity, either in precept and in perform, is prone to be compromised. This e-book examines the function of consent as a procedural justification, discussing the necessities for an enough consent — particularly, that an agent with the correct means has made an unforced and trained selection, that the consent has been sincerely signaled, and that the scope of the authorization covers the act in query. The ebook is going directly to spotlight either the Fallacy of Necessity (where there isn't any consent, there needs to be a unsuitable) and the Fallacy of Sufficiency (where there's consent, there can't be a wrong). ultimately, the level to which the authority of legislation itself rests on consent is taken into account. If the familiarity of consent-based justification engenders confusion and contempt, the research during this publication acts as a corrective, deciding upon a variety of abusive or inaccurate practices that variously under-value or over-value consent, that fictionalize it or which are fixated through it, and that deal with it too casually or too carefully.
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Extra info for Consent in the Law (Legal Theory Today)
Sample text
For this purpose, we can isolate three kinds of influential ethical approaches: utilitarian; rights-led (under a will theory of rights); and dutyled. In each case, the form of our question is as follows: if we were to take such-and-such an ethical approach (utilitarian, rights-led, or duty-led), how would this tend to shape our thinking about consent? (i) A Utilitarian Approach and Consent Utilitarianism, popularised through the Benthamite epithet that we should always strive to maximise the greatest happiness of the greatest number, needs little introduction.
For, whatever the effect of consent in relation to the rights that are held, persons remain duty-bound not to compromise human dignity; and this is something that is simply not negotiable or waivable. The force of the dignitarian position can be drawn out in another way. When dignitarians complain about a person being ‘instrumentalised’, or (as it might be expressed in Kantian language) ‘used merely as a means’, it is sometimes responded that the person has not been so instrumentalised or used because consent was given.
85 Trapped underground, the group know that they are likely to perish before the rescue team can reach them. Having considered their options, the members of the group agree that they will throw a dice to decide which one of them will sacrifice himself for the sake of the others. The leader of the group, one Roger Whetmore, having reluctantly consented to this procedure, has a change of mind declaring that he is withdrawing his consent. Although he purports to withdraw before the cast of the dice—which we might think to be a stronger claim than if the dice had been thrown—does Whetmore have the right to do this?