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Consent to harm
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Tadros, Victor (2011) Consent to harm. Current Legal Problems, Vol.64 (No.1). pp. 23-49. doi:10.1093/clp/cur004 ISSN 0070-1998.
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Official URL: http://dx.doi.org/10.1093/clp/cur004
Abstract
It is often thought that consent can make a difference to the permissibility of harming others. In this piece I investigate why consent can make such a difference and whether consent is always valid. I focus especially on whether the validity of consent depends on the content of what is consented to, rather than on the circumstances in which consent is given. The idea explored is that the limits on the validity of consent are provided by self-regarding duties that people have. These duties can be provided by the interest in welfare that people have, but also in the fact that their lives and their bodies are sacred. The implications for the permission on others to harm people with consent depends on whether such self-regarding duties are violated when a person gives consent to be harmed.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Current Legal Problems | ||||
Publisher: | Oxford University Press | ||||
ISSN: | 0070-1998 | ||||
Official Date: | 2011 | ||||
Dates: |
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Volume: | Vol.64 | ||||
Number: | No.1 | ||||
Page Range: | pp. 23-49 | ||||
DOI: | 10.1093/clp/cur004 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
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