CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, January 23, 2014

Alexander on Consent

AlexanderLarry Alexander (University of San Diego School of Law) has posted The Ontology of Consent (Analytic Philosophy, 2014 Forthcoming) on SSRN. Here is the abstract:

In this paper, I show that consent is neither a performative nor a mental state plus a signification thereof. Rather, consent is a mental state, that of waiving one’s moral or legal objection to the consented-to act. Signification provides evidence of consent but does not constitute its existence. It can, however, affect the culpability of those who act with or without that evidence. Consent does depend on what information the putative consenter possesses regarding the act in question. The informational requisites of valid consent is a quite difficult and undertheorized topic. The motivational requisites of valid consent, however, is not a difficult matter.

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