Description
Problems regarding the nature of consent are at the heart of many of today’s most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.
- Proposes a new model for consent that better reflects human behavior
- Provides greater clarity engaging in doctrinal analysis of legal issues involving consent
- Offers a transparent and systematic way to evaluate morally complex issues
Table of Contents
Introduction
Part I. The Contours of Consent:
1. What does it mean to consent? 2. The hard cases
Part II. Consentability and Contractability:
3. A consentability framework
4. Consent and contracts
Part III. The Regret Principle and the Opportunism Corollary: Application:
5. Improving the conditions of consent
6. Reducing opportunism
7. Revisiting the hard cases – some final thoughts
Conclusion
List of cases
List of statutes
Bibliography
Index.
