Sex, Law and Consent

THE ETHICS OF CONSENT: THEORY AND PRACTICE, Alan Wertheimer, William Miller eds., Forthcoming

Georgetown Public Law Research Paper No. 1172162

45 Pages Posted: 24 Jul 2008

See all articles by Robin L. West

Robin L. West

Georgetown University Law Center

Date Written: July 23, 2008

Abstract

The article defends the now fairly conventional liberal reform position that consent ought to be the demarcation between rape and non-criminal sex, responding to both radical feminist and modern queer theoretic arguments that problematize it. It then criticizes liberal arguments that legitimize virtually all consensual sex, leaving all of it relatively insulated not only against criminalization but also against moral and political critique. Consensual sex can be wanted or unwanted, and when unwanted, it can be harmful in ways that cannot be recognized by liberal understandings of consensual sex. Lastly, the article defends this claim, again, against both radical feminist and queer theoretic critiques that for opposing reasons seek to undermine the distinction between unwanted and wanted consensual sex.

Keywords: Sex, Consent, liberalism

Suggested Citation

West, Robin L., Sex, Law and Consent (July 23, 2008). THE ETHICS OF CONSENT: THEORY AND PRACTICE, Alan Wertheimer, William Miller eds., Forthcoming; Georgetown Public Law Research Paper No. 1172162. Available at SSRN: https://ssrn.com/abstract=1172162

Robin L. West (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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