The Challenge of Regulatory Legitimacy II

This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and some of its more problematic aspects as they would be debated within a community of rights are considered. The justificatory force of consent and the issue of third-party authorization are reviewed. The relationship between inducements and consent, and the vexed question of ensuring that consent is properly informed are examined.

This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and some of its more problematic aspects as they would be debated within a community of rights are considered. The justificatory force of consent and the issue of third-party authorization are reviewed. The relationship between inducements and consent, and the vexed question of ensuring that consent is properly informed are examined.