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Title: Discursive Constructions of Consent in the Legal Process
Contributor(s): Ehrlich, Susan (editor); Eades, Diana  (editor); Ainsworth, Janet (editor)
Publication Date: 2016
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Abstract: Consent is one of the foundational principles of Western liberal legalism, although legal doctrine is surprisingly inattentive to how it is constructed and contested. In a very general way, consent by citizens to the exercise of governmental power can act to legalize state conduct that otherwise would violate their civil and human rights; that is, the legitimacy of the state itself rests on the notion of the "consent of the governed." Consent is also relevant to both criminal and civil law: for example, in the criminal law, consent polices the boundaries between rape and sex, between theft and gift; and, in the civil law, consent to the terms of agreements is the basis of contract law enforcement.
Publication Type: Book
Publisher: Oxford University Press
Place of Publication: Oxford, United Kingdom
ISBN: 9780199945351
Field of Research (FOR): 200405 Language in Culture and Society (Sociolinguistics)
180119 Law and Society
200403 Discourse and Pragmatics
HERDC Category Description: A3 Book - Edited
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Extent of Pages: 326
Series Name: Oxford Studies in Language and Law
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