Consentability: Consent and Its Limits

Criminal Law › Medical Law

Consentability: Consent and Its Limits

By Nancy S. Kim
Cambridge University Press February 2019

Specifications

ISBN-13
9781316616550
Publisher
Cambridge University Press
Publication
February 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. The #MeToo movement, for example, 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 our 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? Cryogenics? Consumer travel to Mars? Assisted suicide?

In Consent and Consentability, Nancy Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

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
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