Abstract

PARMIGIANI, Matías. Consent and the Fallacy of Necessity: a Replay to Beyleveld and Brownsword. Probl. anu. filos. teor. derecho [online]. 2021, n.15, pp.373-420.  Epub May 31, 2022. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2021.15.16127.

In their influential work Consent in the Law, Beyleveld and Brownsword have raised a word of caution against the “fallacy of necessity”, which is the claim made on the assumption that seeking consent is always necessary to justify an act, arrangement or measure that may have an impact on another person. The aim of this paper is to critically analyze the alleged fallacy, in order to determine whether the need to seek other people’s consent is greater or lesser than the one envisioned by these authors.

Keywords : Consent; Fallacy of Necessity; Justification; Autonomy; Self-Respect; Personal Reasons.