Consentability: Consent and Its Limits (Introduction)

Cambridge University Press (2019)

9 Pages Posted: 3 May 2019

See all articles by Nancy S. Kim

Nancy S. Kim

California Western School of Law

Date Written: April 7, 2019

Abstract

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 Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Keywords: Consent, Contractual Consent, #MeToo, Commodification, Ethics

JEL Classification: K1, K10, K12, K13, K14, K4, Z18, I18, I31, I2

Suggested Citation

Kim, Nancy S., Consentability: Consent and Its Limits (Introduction) (April 7, 2019). Cambridge University Press (2019). Available at SSRN: https://ssrn.com/abstract=3367917 or http://dx.doi.org/10.2139/ssrn.3367917

Nancy S. Kim (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

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