Deryck Beyleveld

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a strictly a priori connection between a moral principle and the concept of being an agent as such is essentially Kantian, and recognizing that the Principle of Hypothetical Imperatives is categorically binding requires Kantians to accept that Gewirth’s Principle of Generic Consistency is the supreme practical principle

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.