Consentability
Consent and its Limits

Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

Nancy S. Kim (Author)

9781107164918, Cambridge University Press

Hardback, published 14 February 2019

254 pages, 8 b/w illus.
23.5 x 15.7 x 1.7 cm, 0.48 kg

'… a good overview, clearly written, and accessible even to nonspecialists.' B. Gregg, Choice

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.

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.

Subject Areas: Medical & healthcare law [LNTM], Criminal justice law [LNFB], Criminal law & procedure [LNF], Contract law [LNCJ], Private / Civil law: general works [LNB], Private international law & conflict of laws [LBG], Legal ethics & professional conduct [LATC]