I first argue that there is no problem about how to justify partialities (though there is a difficulty in justifying impartialities). Then I consider the role of consent in justifying rights and duties, using voluntary associations as a case in which consent has an important but limited role in doing so, a role determined and circumscribed by evaluative considerations. The values explain why consent can bind and bind one to act as one does not wish to do and even as one judges to be ill advised. That opens the way to an explanation of how value considerations relate to non-voluntary membership in socially constituted groups, generating rights and duties that to a considerable extent are independent of the individual’s aims and preferences.
Law | Law and Philosophy
Identity and Social Bonds,
King's College London Law School Research Paper No. 19-4; Columbia Public Law Research Paper No. 14-611
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