The Meaning of Consent

10 Pages Posted: 21 Aug 2018

Date Written: August 2018

Abstract

It is often said that consent is "morally transformative," even magical: it transforms what otherwise would be illegal conduct into conduct that is entirely legal. As the famous maxim goes: volenti non fit injuria-a person is not wronged by that to which he consents. But how literally should we read this maxim? Does consent of one person always have the power to change the moral and legal character of another person's actions?

Keywords: Criminal Law, Consent, Attitudinal Consent, Performative Consent, Autonomy

Suggested Citation

Bergelson, Vera, The Meaning of Consent (August 2018). Available at SSRN: https://ssrn.com/abstract=3228804 or http://dx.doi.org/10.2139/ssrn.3228804

Vera Bergelson (Contact Author)

Rutgers Law School - Newark ( email )

NJ
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
61
Abstract Views
241
rank
349,195
PlumX Metrics