The Psychology and Law of Hazing Consent

56 Pages Posted: 20 Mar 2013  

Gregory Scott Parks

Wake Forest University School of Law

Tiffany F. Southerland

Villanova University School of Law

Date Written: March 19, 2013

Abstract

In this article, we attempt to do several things. First, we grapple with how consent has been construed in both criminal and civil (i.e., tort) law. Then we focus our analysis on how the concept of consent has been construed in the context of hazing both within state hazing statutes and court cases. We then analyze a range of psychological theories, largely undergirded by empirical support, that explain why individuals may allow themselves to be hazed and why hazing victims may find it difficult to extricate themselves from hazing situations. In the end, we conclude that the law should have a more nuanced assessment of hazing consent on a case-by-case basis.

Keywords: hazing, consent, criminal law, torts, psychology

Suggested Citation

Parks, Gregory Scott and Southerland, Tiffany F., The Psychology and Law of Hazing Consent (March 19, 2013). Available at SSRN: https://ssrn.com/abstract=2235742 or http://dx.doi.org/10.2139/ssrn.2235742

Gregory Scott Parks (Contact Author)

Wake Forest University School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States

Tiffany F. Southerland

Villanova University School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

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