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1 - What Does it Mean to Consent?

from Part I - The Contours of Consent

Published online by Cambridge University Press:  08 February 2019

Nancy S. Kim
Affiliation:
California Western School of Law
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Summary

In societies which value individual freedom, consent plays a singular role. The moral authority of consent depends upon its authenticity, what we typically refer to as the “validity” of consent. Assessing the validity of consent requires recognizing the dynamic nature of consent and understanding the different conditions which are constitutive of it. Perhaps the most difficult and problematic consent condition to assess is the knowledge condition. Cognitive biases negatively affect an individual’s ability to make optimal decisions, especially given any temporal disconnect between the intentional manifestation of consent and performance of the consented-to act. People may have motivations other than self-interest. These very human cognitive and behavioral limitations and fallibilities complicate assessments of consent because they impair the knowledge condition, undermine the ability of an individual to act in her best interests, and often result in the consenter regretting her decision. Chapter 1 examines the meaning of consent and the conditions necessary to establish its validity. It also introduces the concepts of consent construction and consent destruction.
Type
Chapter
Information
Consentability
Consent and its Limits
, pp. 7 - 17
Publisher: Cambridge University Press
Print publication year: 2019

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