ABSTRACT

This discussion has focused on two main issues. First, it has evaluated the claim that the law of consent is firmly based in the concept of autonomy and serves to translate it into law. Second, by analysing a number of specific areas, the way in which law interprets autonomy has been considered and critiqued. Behind each of these strands of the discussion has been the underpinning question as to what kind of autonomy is favoured in law. As the foundational principle on which the law of consent is said to operate, it has been instructive to clarify whether or not the claims made for the importance of autonomy in the law are borne out in reality. It has also been proposed that there should be a level of consistency in how autonomy is described and used in law and clarity about what is actually being respected. In other words, in the reasonable interest that individuals have in being able to predict against what kind of standards their behaviour will be judged, it should be possible to identify a common strand that permits some level of certainty. That is, people should be able to anticipate that the rules that will be applied are based on identifiable legal principles that are grounded in coherent, rational values and are consistently applied.